Common use of Emergency Generator Clause in Contracts

Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 3 contracts

Sources: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Emergency Generator. 1(a) During the Term as it applies Tenant, subject to the 9449 Expansion SpaceLandlord’s review and approval of ▇▇▇▇▇▇’s plans therefor, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) ” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the 9449 BuildingPremises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed at a location at in an area (the 9449 Building “Generator Area”) measuring approximately 20’ x 20’ to be designated by Tenant Landlord on the roof and, with respect to such associated power and reasonably approved by Landlordfuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Tenant▇▇▇▇▇▇’s right to install the Generator shall be subject to: (i) to Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Projectincluding, architectural review and without limitation, any necessary approval by the local municipality and county governments 2 hour rated enclosures or agencies having authority and jurisdiction over such matterssound installation. Landlord shall have the right to require Tenant to provide a reasonably an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectthe Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2(b) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not shall in no way damage any portion of the 9449 Building or Project the Generator Area. To the maximum extent permitted by law, the Generator and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and, except in connection with Landlord’s gross negligence or willful misconduct, Landlord shall have no liability to Tenant shall if the Generator or any appurtenances installations are damaged for any reason. Subject to the waiver of subrogation provision of this Lease, ▇▇▇▇▇▇ agrees to be responsible for any damages damage caused thereby. For avoidance of doubt, to the Building or Property in connection with the installation, maintenance, operation, repair operation or removal of the Generator and, in accordance with the terms of Article 15 hereof, to indemnify, defend and hold Landlord harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord in connection with the installation, maintenance, operation or removal of the Generator, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that the installation and use of the Generator and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generator and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be subject to liable for the indemnity provisions set forth in Section 10.3 full amount of the Leaseany such increase. 3(c) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and the appurtenances, all of which shall remain the personal property of Tenant Tenant, and shall be removed by Tenant at its own expense as at the expiration or earlier termination of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this AmendmentLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the date Tenant installs the Generator, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent in accordance with the standards for Alterations in this Lease. ▇▇▇▇▇▇ agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4(d) Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using maintaining and removing the said Generator. 5(e) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything Business Hours and at a time mutually agreed to in this Amendment or the Lease writing by Landlord and Tenant in advance. Tenant shall be permitted to the contrary, Tenant may use the Generator Area solely for its intended purpose as the maintenance and when needed operation of the Generator and the Generator and Generator Area are solely for the benefit of Tenant. All electricity generated by the Generator may only be consumed by Tenant in the Premises. (as reasonably determined by Tenant)f) Landlord shall have no obligation to provide any services, including, without any restriction limitation, electric current, to the Generator Area. (g) Tenant shall have no right to sublet the Generator Area or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants assign its interest in the ProjectGenerator Area hereunder, unless such assignment or sublease is in connection with the assignment of Tenant’s interest under the Lease or a sublease of the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

Emergency Generator. 1) During Tenant shall have the Term as it applies right, subject to compliance with all Governmental Requirements, to install and use an emergency generator for the Demised Premises, subject to Landlord’s prior approval of the location, type, method of installation, screening, and plans and specifications therefor, such approval to be given or withheld in Landlord’s sole discretion. If Landlord approves such request, Tenant’s installation and use of an emergency generator shall be subject to the 9449 Expansion Spacefollowing conditions: (i) Tenant shall comply with all applicable laws and requirements in connection with the installation and operation of the emergency generator; (ii) unless the parties otherwise agree, the emergency generator shall be disconnected and removed (including any related equipment, screening, wiring, conduit or other items) by Tenant, and any damage caused by such removal shall be repaired, at Tenant’s sole cost and expense, upon surrender of the Demised Premises, and in default thereof, Landlord may effect said removal and repairs at Tenant’s expense; (iii) the use of the emergency generator shall not create any hazardous condition or interfere with or impair the operation of the Building systems or utilities or other systems or facilities for the Building; (iv) the installation and use of the emergency generator shall be at Tenant’s sole cost and expense, including the cost of repairing all damage to the Building and any personal injury and/or property damage attributable to the installation, inspection, maintenance, removal or replacement of any equipment or apparatus resulting therefrom; and (v) Tenant shall be solely responsible for any increased insurance costs incurred by Landlord due to Tenant’s use of the emergency generator. Tenant will obtain prior to installation, any and all licenses, approvals and permits required for the installation, maintenance and use of the emergency generator (and Landlord agrees to provide reasonable cooperation therewith, at no out-of-pocket expense to Landlord). Landlord shall have no repair or maintenance obligations with respect to the emergency generator. Tenant hereby agrees to indemnify, defend and hold Landlord and its employees, agents and contractors harmless from any loss, costs and damages (including reasonable attorneys’ fees and costs) suffered by Landlord, its agents, employees or contractors, as extended a result of any claim by a third party, its agents, employees or contractors arising from time Tenant’s installation, operation, use or removal of the emergency generator. This indemnity shall survive the expiration or earlier termination of this Lease. 1.1.1. In addition to timeTenant’s obligation to comply with applicable laws and requirements in connection with its use of the emergency generator, Tenant agrees that the installation, use, operation, maintenance and removal by Tenant of the emergency generator shall be governed by all applicable provisions of this Lease, including the environmental covenants in Section 46. 1.1.2. In connection with Tenant’s use of the emergency generator, and subject to the above-stated responsibilities of Tenant, Tenant shall have the right to install a supplemental operate the emergency generator (the “Generator”) at such intervals and for such periods of time as may be required in order to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, power for Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and business operations from the Generator Demised Premises or for other reasonable purposes related to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenantsTenant’s business. In addition, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord Tenant shall have the right to require operate the emergency generator for purposes of routine testing and maintenance as recommended by or required by the manufacturer of such generator, or at such other intervals as Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all deems necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by reasonable judgment provided such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall testing will be performed in a manner reasonably calculated to avoid minimize any unreasonable interference with any other inconvenience to tenants or Landlord. Tenant agrees to maintain and occupants of the GeneratorBuilding, including without limitationand their respective employees and invitees, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionif any. 4) 1.1.3. Tenant, subject ’s ability to obtain any required approvals and permits to install and use the reasonable rules and regulations enacted by Landlord, emergency generator shall have unlimited access not be a condition precedent to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment Lease or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the ProjectCommencement Date hereunder.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Trevena Inc), Commercial Lease Agreement (Trevena Inc)

Emergency Generator. 1) During the Term as it applies A. In addition to the 9449 Expansion SpaceTenant’s rights under ARTICLE 44 of this Lease, as extended from time Landlord hereby grants to time, Tenant shall have the right to install in a supplemental emergency generator location or locations (the collectively GeneratorLocation”) in the lower level of the Building mutually agreeable to provide emergency additional electrical capacity Landlord and Tenant, a standby generator and related equipment. The generator and such equipment installed by Tenant, together with the equipment already referred to in said ARTICLE 44, shall be included in the definition of Equipment for all purposes of this Lease. Notwithstanding anything elsewhere in this Lease to the 9449 Building. The Generator contrary, the generator and related equipment need not be removed by Tenant prior to the Termination Date but shall be placed at a location at the 9449 Building designated removed by Tenant and reasonably approved by no later than the Termination Date. Obligations with respect to removal shall survive any termination of this Lease. B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator have access to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and Location for the cost purpose of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed generator and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenancesrelated equipment, all of which shall remain the personal property be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord (such approval to be not unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant or persons under their direct supervision will be permitted to have access to the Location. Tenant further agrees to exercise firm control over the people requiring access to the Location in order to keep to a minimum the number of people having access to the Location and shall the frequency of their visits. C. Tenant agrees to be removed responsible for any damage caused to the Location or any other part of the Building, which may be caused by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration of its agents or termination representatives as a result of Tenant’s right to possession exercise of its rights under this ARTICLE 45. D. Tenant, at its sole cost and expense, and at its sole risk, shall install, operate and maintain the generator and related equipment in a good and workmanlike manner, and in compliance with all building and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated. Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of the 9449 Expansion Space in accordance with generator and related equipment. Except as may arise from the Lease and this Amendment. Tenant negligence of the Landlord, neither Landlord nor its agents shall repair have any damage caused by such removal, including responsibility or liability for the patching conduct or safety of any holes of Tenant’s representatives or repair, maintenance and engineering personnel while in or on any part of the Building or the Location in connection with installing or maintaining the generator and related equipment. No failure of service hereunder shall constitute a Service Failure under this Lease. E. Tenant agrees to matchmaintain all of the generator and related equipment placed on or about the Location or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to safety in Landlord’s sole, as closely as possible, the color surrounding the area where the Generator and appurtenances were attachedreasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain . F. In light of the Generatorspecialized nature of the generator and related equipment, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible permitted to utilize the services of its choice for performing any maintenance installation, operation, removal and improvements to any enclosure surrounding repair of the Generator so as to keep such enclosure in good condition. 4) Tenantgenerator and related equipment, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the Location. G. Tenant specifically acknowledges and agrees that the terms and conditions of ARTICLE 14 regarding indemnification and waiver of claims shall apply with full force and effect to the Location and any other portions of the Building accessed or utilized by Tenant, its representatives, agents, employees or contractors. H. If Tenant defaults under any of the terms and conditions of this ARTICLE 45, and Tenant fails to cure said default within any applicable cure period provided for in this Lease, the same shall be an Event of Default under ARTICLE 24 of this Lease, but Landlord’s sole remedies for such a default shall be to terminate the rights hereunder on notice to Tenant and Tenant and, in addition, Landlord may perform any non-monetary obligations of Tenant hereunder, including, without limitation the obligations of Tenant to remove all or any of the generator and related equipment, and restore the Location to the condition that existed prior to the installation of the generator and related equipment. Tenant shall be liable for all out of pocket costs and expenses Landlord incurs in removing the generator and related equipment and repairing any damage to the Building caused by the installation, operation or maintenance of the generator and/or related equipment. In such event, Tenant shall reimburse Landlord for all such costs incurred by Landlord as aforesaid together with an administrative charge equal to 10% of the cost of the work performed by Landlord. The amount to be reimbursed hereunder shall be paid together with interest from the date such cost paid is by Landlord (as evidenced by paid invoices supplied by Landlord to Tenant) at the rate of 12% per annum. Executed as a sealed instrument as of the date first above written. ▇▇▇▇▇▇ PLACE ASSOCIATES, LLC, a Delaware limited liability company By: SPG ▇▇▇▇▇▇ ASSOCIATES, a Delaware limited liability company, its Managing Member By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Hereunto duly authorized WAYFAIR LLC By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ its: CFO and not individually Hereunto duly authorized · Removal of floor surface to concrete slab, including all raised access flooring and ramps; · Removal of ceiling surfaces and lighting, perimeter soffit and linear diffuser to remain; · Installation of temporary lighting; · Removal of HVAC diffusers and ductwork back to VAV/Fan Powered Terminal Boxes; · Removal of all supplemental HVAC equipment and piping associated with existing tenant computer rooms; · Plumbing to be cut, capped and removed back to risers; · Fire alarm system devices secured to structure or Building elements; · Removal of office(s), and partitions, doors, sidelights and interior glass; · Electrical distribution in the Premises to be made safe and removed back to tenant distribution panel. All supplemental electrical panels and electrical equipment located within the open space to be removed back to core tenant distribution panels; · Removal of all existing tenant tel/data cabling; · Gypsum soffits with linear diffusers to remain; · Gypsum Columns to remain; · Infill existing floor cores; · Code compliant tenant demising walls to be provided throughout space. Landlord shall be responsible for all demising work with respect to the Initial Premises at its sole cost and expense. Landlord shall also be responsible at its sole cost and expense for all restroom renovations on any floor of any Tower on which Tenant has leased, initially or during the Term, more than 50% of the floor area of such floor. Men’s and women’s restroom renovations, compliant with ADA (if necessary, including construction of additional handicap restrooms), will include plumbing fixtures, hot and cold running water, ceramic tile floors and wall surfaces, accessories and dividers, and ceilings and lighting. RULES AND REGULATIONS. Tenant agrees to observe the rights reserved to Landlord in the Lease and agrees, for itself, its employees, agents, clients, customers, invitees and guests, to comply with the following rules and regulations enacted by Landlordand with such reasonable modifications thereof and additions thereto as Landlord may make, shall have unlimited access from time to time, for the Building. (a) Any sign, lettering, picture, notice, or advertisement installed within Tenant’s Premises (including but not limited to Tenant identification signs on doors to the Generator Premises) which is visible outside of the Premises shall be installed at Tenant’s cost and its surrounding area for in such manner, character and style as Landlord may approve in writing. No sign, lettering, picture, notice or advertisement shall be placed on any outside window or in any position so as to be visible from outside the purpose Building or from any atrium or lobbies of installing, operating, repairing, maintaining, using and removing the GeneratorBuilding. 5(b) Tenant shall only test not use the Generator before name of the Building or after normal business hoursuse pictures or illustrations of the Building in advertising or other publicity, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. 6(c) Notwithstanding anything Tenant, its customers, invitees, licensees, and guests shall not obstruct sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators and stairways in this Amendment and about the Building. Tenant shall not place objects against glass partitions or doors or windows or adjacent to any open common space which would be unsightly from the Lease Building corridors or from the exterior of the Building, and will promptly remove the same upon notice from Landlord. (d) Tenant shall not make noises, cause disturbances, create vibrations, odors or noxious fumes or use or operate any electrical or electronic devices or other devices that emit sound, waves or are dangerous to other tenants and occupants of the contraryBuilding or that would interfere with the operation of any device or equipment or radio or television broadcasting or reception from or within the Building or elsewhere, or with the operation of roads or highways in the vicinity of the Building and shall not place or install any projections, antennae, aerials or similar devices inside or outside of the Premises. (e) Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without shall not make any restriction or hindrance room to room canvass to solicit business from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the ProjectBuilding, and shall not exhibit, sell or offer to sell, use, rent or exchange any item or services in or from the Premises unless ordinarily embraced within Tenant’s use of the Premises as specified in its lease. (f) Tenant shall not waste electricity or water and agrees to cooperate fully with Landlord to assure the most effective operation of the Building’s heating and air conditioning and shall refrain from attempting to adjust any controls. Tenant shall keep doors from the Premises to the public corridor doors closed when not in use. (g) Door keys for doors in the Premises will be furnished at the commencement of the Lease by Landlord. Tenant shall not affix additional locks on doors and shall purchase duplicate keys only from Landlord. When the Lease is terminated, Tenant shall return all keys to Landlord and will provide to Landlord the means of opening any safes, cabinets or vaults left in the Premises. (h) Tenant assumes full responsibility for protecting its space from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. (i) Peddlers, solicitors and beggars shall be reported to the office of the Building or as Landlord otherwise requests. (j) Tenant shall not install nor operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the written permission of Landlord. (k) No person or contractor not employed by Landlord shall be used to perform window washing, cleaning, decorating, repair or other work in the Premises. (l) Tenant shall not, and Tenant shall not permit or suffer anyone to: (1) ▇▇▇▇ in the Premises (other than through the use of microwave or toaster oven(s)), but nothing herein shall prevent the use of customary coffee stations; (2) Place vending or dispensing machines of any kind in or about the Premises for use by other than its employees, guests and business invitees; (3) At any time sell, purchase or give away, or permit the sale, purchase or gift of, food in any form other than to employees, guests and business invitees; (m) Tenant shall not: (1) Use the Premises for lodging, manufacturing or for any immoral or illegal purposes. (2) Use the Premises to engage in the manufacture or sale of any spirituous, fermented, intoxicating or alcoholic beverages. (3) Use the Premises to engage in the manufacture or sale of, or permit the use of, any illegal drugs on the Premises. (n) In no event shall any person bring into the Building inflammables such as gasoline, kerosene, naphtha and benzene, or explosives or firearms or any other article of intrinsically dangerous nature. If by reason of the failure of Tenant to comply with the provisions of this paragraph, any insurance premium payable by Landlord for all or any part of the Building shall at any time be increased above normal insurance premiums for insurance not covering the items aforesaid, Landlord shall have the option to either terminate the Lease or to require Tenant to make immediate payment for the whole of the increased insurance premium. (o) Tenant shall comply with all applicable federal, state and municipal laws, ordinances and regulations and building rules, and shall not directly or indirectly make any use of the Premises which may be prohibited thereby or which shall be dangerous to person or property or shall increase the cost of insurance or require additional insurance coverage. (p) If Tenant desires signal, communication, alarm or other utility or service connection installed or changed, the same shall be made at the expense of Tenant, with approval and under direction of Landlord. (q) Bicycles shall not be permitted in the Building in other than Landlord designated locations. (r) Tenant shall cooperate and participate in all security programs affecting the Building. (s) In the event Landlord allows one or more tenants in the Building to do any act prohibited herein, Landlord shall not be precluded from denying any other tenant the right to do any such act. (t) Tenant, or the employees, agents, servants, visitors or licensees of Tenant shall not at any time place, leave or discard any rubbish, paper, articles, or objects of any kind whatsoever outside the doors of the Premises or in the corridors or passageways of the Building. No animals or birds shall be brought or kept in or about the Building. (u) Landlord shall have the right to prohibit any advertising by Tenant which, in Landlord’s opinion, tends to impair the reputation of the Building or its desirability for offices, and, upon written notice from Landlord, Tenant will refrain from or discontinue such advertising. (v) Except as permitted under the Lease or in connection with the installation of any Tenant improvements and office decorations, Tenant shall not ▇▇▇▇, paint, drill into, or in any way deface any part of the Building or the Premises. No boring, driving of nails or screws, cutting or stringing of wires shall be permitted, except with the prior written consent of Landlord, and as Landlord may direct. Tenant shall not install any resilient tile or similar floor covering in the Premises except with the prior approval of Landlord. The use of cement or other similar adhesive material is expressly prohibited. (w) Landlord shall have the right to limit or control the number and format of listings on the main Building directory. I. CLEANING -TENANT’S AREAS A. NIGHTLY- MONDAY THROUGH FRIDAY HOLIDAYS EXCLUDED 1. DUST MOP, ALL STONE, CERAMIC, TILE, TERRAZZO, AND OTHER TYPES OF UNWAXED FLOORING, USING A TREATED MOP. 2. DUST MOP ALL VINYL, ASBESTOS, ASPHALT, RUBBER AND SIMILAR TYPES OF FLOORING, USING A TREATED MOP. THIS INCLUDES REMOVAL OF GUM AND OTHER SIMILAR SUBSTANCES USING A SCRAPING DEVICE. 3. VACUUM ALL CARPETED AREAS. 4. DUST MOP ALL PRIVATE AND PUBLIC STAIRWAYS AND VACUUM IF CARPETED. 5. HAND DUST AND WIPE CLEAN ALL HORIZONTAL SURFACES INCLUDING FURNITURE, FILE CABINETS, FIXTURES, AND WINDOW ▇▇▇▇▇, USING A CHEMICALLY TREATED DUST CLOTH. PAPERS ON DESK SHALL REMAIN UNDISTURBED. 6. DUST AND SANITIZE ALL TELEPHONES USING A DISINFECTANT SOLUTION. 7. REMOVE FINGER MARKS FROM ALL PAINTED SURFACES NEAR LIGHT SWITCHES, ENTRANCE DOORS, ETC. 8. REMOVE ALL GUM AND FOREIGN MATTER ON SIGHT. 9. EMPTY AND CLEAN ALL WASTE RECEPTACLES AND REMOVE WASTE PAPER AND WASTE MATERIALS TO A DESIGNATED AREA. REPLACE LINERS IN EACH RECEPTACLE. 10. DAMP DUST INTERIORS OF ALL WASTE DISPOSAL RECEPT

Appears in 2 contracts

Sources: Office Lease (Wayfair Inc.), Office Lease (Wayfair Inc.)

Emergency Generator. 1(a) During the Term as it applies Tenant, subject to the 9449 Expansion SpaceLandlord’s review and approval of T▇▇▇▇▇’s plans therefor, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) ” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the 9449 BuildingPremises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed at a location at in an area (the 9449 Building “Generator Area”) measuring approximately 20’ x 20’ to be designated by Tenant Landlord on the roof and, with respect to such associated power and reasonably approved by Landlordfuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, TenantT▇▇▇▇▇’s right to install the Generator shall be subject to: (i) to Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Projectincluding, architectural review and without limitation, any necessary approval by the local municipality and county governments 2 hour rated enclosures or agencies having authority and jurisdiction over such matterssound installation. Landlord shall have the right to require Tenant to provide a reasonably an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectthe Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2(b) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not shall in no way damage any portion of the 9449 Building or Project the Generator Area. To the maximum extent permitted by law, the Generator and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and, except in connection with Landlord’s gross negligence or willful misconduct, Landlord shall have no liability to Tenant shall if the Generator or any appurtenances installations are damaged for any reason. Subject to the waiver of subrogation provision of this Lease, T▇▇▇▇▇ agrees to be responsible for any damages damage caused thereby. For avoidance of doubt, to the Building or Property in connection with the installation, maintenance, operation, repair operation or removal of the Generator and, in accordance with the terms of Article 15 hereof, to indemnify, defend and hold Landlord harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord in connection with the installation, maintenance, operation or removal of the Generator, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that the installation and use of the Generator and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generator and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be subject to liable for the indemnity provisions set forth in Section 10.3 full amount of the Leaseany such increase. 3(c) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and the appurtenances, all of which shall remain the personal property of Tenant Tenant, and shall be removed by Tenant at its own expense as at the expiration or earlier termination of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this AmendmentLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the date Tenant installs the Generator, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent in accordance with the standards for Alterations in this Lease. T▇▇▇▇▇ agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4(d) Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using maintaining and removing the said Generator. 5(e) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything Business Hours and at a time mutually agreed to in this Amendment or the Lease writing by Landlord and Tenant in advance. Tenant shall be permitted to the contrary, Tenant may use the Generator Area solely for its intended purpose as the maintenance and when needed operation of the Generator and the Generator and Generator Area are solely for the benefit of Tenant. All electricity generated by the Generator may only be consumed by Tenant in the Premises. (as reasonably determined by Tenant)f) Landlord shall have no obligation to provide any services, including, without any restriction limitation, electric current, to the Generator Area. (g) Tenant shall have no right to sublet the Generator Area or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants assign its interest in the ProjectGenerator Area hereunder, unless such assignment or sublease is in connection with the assignment of Tenant’s interest under the Lease or a sublease of the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

Emergency Generator. 1) During Landlord and Tenant hereby acknowledge that there is an existing generator currently serving the Term as it applies to 500 Building and the 9449 Expansion SpaceAdjacent Building (“Emergency Generator”), as extended from time to time, and Tenant shall have the right to install a supplemental emergency generator (connect to the “Generator”) Emergency Generator for up to provide emergency additional the 500 Building’s reasonable allocated electrical capacity to provided by such Emergency Generator. Tenant's use of the 9449 Building. The Emergency Generator shall be placed at a location at Tenant's sole risk, and Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the 9449 Building designated Emergency Generator. Except to the extent caused by the gross negligence or willful misconduct of Landlord, or any Landlord Parties, Tenant hereby waives any claims against Landlord or any Landlord Parties resulting from ▇▇▇▇▇▇'s use of the Emergency Generator, or any failure of the Emergency Generator to operate as designed, and reasonably approved by Landlord. Notwithstanding agrees that Landlord shall not be 4864-0699-3085.7183305.00028/7-23-24/ejs/ejs -5- [Sixth Amendment][Revolution Medicines, Inc.]COID: 1507 liable for any damages resulting from any failure in operation of the foregoingEmergency Generator, including, without limitation any injury or damage to, or interference with, Tenant’s right 's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or loss to install the Generator shall be subject to: (i) Landlord’s reasonable approval equipment, inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of the manner in which the Generator is installed, the manner in which any cables are run to every kind and from the Generator to description kept at the Premises and any and all income derived or derivable therefrom. Tenant acknowledges that Operating Expenses shall include Landlord's costs incurred in maintaining and operating the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; Emergency Generator (including all permit costs and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such mattersfees). Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that maintaining and repairing the installation, maintenance, repair, operation Emergency Generator and removal of the Generator does not damage the 9449 Building or Project and Tenant cost thereof shall be responsible for any damages caused thereby. For avoidance reasonably and equitably allocated by Landlord between the 500 Building and the Adjacent Building, and the portion of doubt, such costs allocated to the installation, maintenance, operation, repair or removal of the Generator 500 Building shall be subject included in Operating Expenses payable by Tenant with respect to the indemnity provisions set forth in Section 10.3 of the Lease500 Building. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 2 contracts

Sources: Lease (Revolution Medicines, Inc.), Lease (Revolution Medicines, Inc.)

Emergency Generator. 1) During the Term as it applies Subject to the 9449 Expansion Space, as extended from time to timeTCCs hereof and Applicable Laws, Tenant shall have the right right, at Tenant sole cost and expense but without any additional payment to Landlord, to install a supplemental and operate an emergency generator (the "Generator") in the approximate area shown on Exhibit I (the "Generator Area"), in order to provide emergency additional electrical capacity electricity service to the 9449 BuildingPremises. Landlord shall deliver, and Tenant shall accept, the Generator Area in its "as-is", "where-is" condition. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and agrees that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be placed at a location at the 9449 Building designated used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator, and such connections to the Building, for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Notwithstanding Tenant shall comply with all reasonable requirements imposed by Landlord so that the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval Building Systems or other components of the manner in which the Generator is installed, the manner in which any cables Project are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from not adversely affected by the operation of the Generator and/or based upon other reasonable factors as determined by Landlord. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause related to or connected with the use, operation or repair of the Generator; and (ii) , and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the covenantscontractors, conditions and restrictions agents, servants, employees, invitees, guests or licensees of record applicable Tenant or any such person, in connection with the Generator or any breach of the TCCs of this Article 22, provided that the TCCs of the foregoing indemnity shall not apply to the Projectgross negligence or willful misconduct of Landlord. In the event that Tenant shall fail to comply with the requirements set forth herein, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. without limitation of Landlord's other remedies, (i) Landlord shall have the right to require Tenant terminate Tenant's rights with respect to provide a reasonably acceptable enclosure the Generator, and/or (e.g. wood fencing ii) Landlord shall have the right, at Tenant's sole cost and landscaping) expense, to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. cure such breach, in which event Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installingobligated to pay to Landlord, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2within ten (10) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted days following demand by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatoramount expended by Landlord. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Nektar Therapeutics)

Emergency Generator. 1) During the Term as it applies Subject to Landlord’s approval, which shall not be unreasonably withheld or delayed, and subject to the 9449 Expansion Space, as extended from time to timeTCCs of this Section 29.37 and Article 8 of this Lease, Tenant shall have may install, for Tenant’s own use and at Tenant’s sole cost and expense, but without the right to install payment of any Rent or a supplemental license or similar fee or charge, an emergency generator and related equipment (all such equipment defined collectively as the “Emergency Generator”) to provide emergency additional electrical capacity in, on or adjacent to the 9449 Building. The Generator shall Building (such location to be placed at a location at the 9449 Building designated by Tenant determined in conjunction with Landlord and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval requirements). The location, physical appearance and the size of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Emergency Generator shall be subject to Landlord’s reasonable approval, and Landlord may require Tenant to install screening around such Emergency Generator, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall maintain such Emergency Generator, at Tenant’s sole cost and expense. In the indemnity provisions set forth event Tenant elects to exercise its right to install the Emergency Generator, then Tenant shall give Landlord no less than sixty (60) days prior written notice thereof. Tenant shall reimburse to Landlord the reasonable costs actually incurred by Landlord in Section 10.3 approving such Emergency Generator. Tenant shall remove such Emergency Generator within thirty (30) days of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or earlier termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the this Lease and this Amendment. Tenant shall repair any damage to the Building caused by such removalremoval and return the affected portion of the Project’s parking, including the patching of any holes landscaping and driveway areas to match, as closely as possible, the color surrounding the area where the their pre-Emergency Generator and appurtenances were attachedcondition. Such maintenance and operation Emergency Generator shall be performed in a manner installed pursuant to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition plans and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted specifications approved by Landlord, shall have unlimited access to the which approval will not be unreasonably withheld. Such Emergency Generator shall, in all instances, comply with applicable governmental laws, codes, rules and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorregulations. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Memec Inc)

Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right (but only to the extent permitted by the City of Sunnyvale and all agencies, governmental and quasi-governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to install a supplemental and operate an emergency electrical generator (the “Generator”) along with any necessary cables (“Cables”) on a portion of the Project to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding Landlord (“Generator Space”) for the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval Term of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and Lease (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and Cables are hereinafter collectively referred to minimize any adverse effect that as the installation “Equipment”). The location and size of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator Equipment shall be subject to Landlord’s approval, not to unreasonably withheld, conditioned or delayed, and which best promotes the indemnity provisions safety, aesthetics and efficiency of the Equipment; provided, all of the Equipment and any modifications thereto or placement thereof shall be (i) at Tenant’s sole cost and expense, (ii) installed and operated to Landlord’s reasonable specifications and supervision or review, and (iii) installed, maintained, operated and removed in accordance with all Recorded Matters and applicable Laws. No additional Rent shall be paid by Tenant for use of the Generator Space and operation of the Equipment. The Equipment shall remain the property of Tenant and Tenant shall remove the Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Generator Space and any other portion of any Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty. Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in Section 10.3 14. Each of the Lease. 3) Tenant other provisions of this Lease shall be responsible for applicable to the installation, operation, repair, cleanliness, maintenance Equipment and removal the use of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed Space by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the GeneratorSections 12, in good condition 13 and repair27 of this Lease. Tenant shall be responsible for performing indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Tenant, subject Landlord may suffer or incur arising out of or related to the reasonable rules and regulations enacted by Landlordinstallation, shall have unlimited access to use, operation, maintenance, replacement and/or removal of the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord Equipment or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Projectportion thereof.

Appears in 1 contract

Sources: Lease Agreement (Linkedin Corp)

Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the exclusive right to install a supplemental use and control the existing emergency electrical generator and related equipment (all such equipment defined collectively as the "Emergency Generator") serving the Building in its currently-existing as is” condition, and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator and Landlord shall not be liable for any damages resulting from any failure in operation of the Emergency Generator”) to provide emergency additional electrical capacity . Tenant acknowledges that the Emergency Generator is currently being used by an existing tenant of the Building, and Tenant's right to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval exclusive use of the manner Emergency Generator set forth in this Section 6.3 shall commence upon the surrender of the Emergency Generator by the existing tenant (estimated to be October 1, 2014). If Landlord is unable for any reason to grant such exclusive use to Tenant on any specific date for any reason whatsoever (including, without limitation, the existing tenant's failure to surrender), Landlord shall not be liable for any damages resulting therefrom. Tenant shall not be charged any additional rental or other costs for the use of the Emergency Generator or the location in which the Emergency Generator is installedlocated. Tenant shall maintain such Emergency Generator in the same condition and repair as received (ordinary wear and tear and damage by other uses excepted), and in compliance with all applicable laws (including the manner in which maintenance of all applicable permits), at Tenant's sole cost and expense, provided that Tenant shall not be required to replace any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation major components of the Emergency Generator; . If the Emergency Generator requires the replacement of any major components, and (ii) Tenant elects not to replace the covenantssame, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have no obligation to do so. Tenant's obligations with respect to the right Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence Tenant's use of the Emergency Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental provide to carry industry standard Boiler and regulatory permits and approvals and for machinery insurance covering the cost of installing, operating, maintaining, repairing and removing the Emergency Generator. Tenant shall also be responsible for surrender the cost Emergency Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Emergency Generator during the Lease Term) concurrent with the surrender of all utilities consumed and utility connections the Premises to Landlord as required hereunder in the operation same condition as received (ordinary wear and tear and damage by other uses excepted), with all permits current. Prior to the availability of the Emergency Generator. 2) , Landlord shall provide to Tenant, at no additional charge to Tenant shall be responsible for assuring that the installation, maintenance, repair, (other than normal costs of operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants a temporary emergency generator for Tenant's use in the ProjectPremises.

Appears in 1 contract

Sources: Lease (Compugen LTD)

Emergency Generator. 1) During the Term as it applies 15.1 Tenant, subject to the 9449 Expansion SpaceLandlord’s review and approval of Tenant’s plans therefor, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) ” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the 9449 BuildingPremises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed at a location at in an area (the 9449 Building “Generator Area”) measuring approximately 20’ x 20’ to be designated by Tenant Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall reasonably approved by Landlorddesignate. Notwithstanding the foregoing, Tenant’s 's right to install the Generator shall be subject to: (i) to Landlord’s reasonable 's approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Projectincluding, architectural review and without limitation, any necessary approval by the local municipality and county governments 2 hour rated enclosures or agencies having authority and jurisdiction over such matterssound installation. Landlord shall have the right to require Tenant to provide a reasonably an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectthe Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) 15.2 Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not shall in no way damage any portion of the 9449 Building or Project the Generator Area. To the maximum extent permitted by law, the Generator and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and, except in connection with Landlord’s gross negligence or willful misconduct, Landlord shall have no liability to Tenant shall if the Generator or any appurtenances installations are damaged for any reason. Subject to the waiver of subrogation provision of this Lease, Tenant agrees to be responsible for any damages damage caused thereby. For avoidance of doubt, to the Building or Property in connection with the installation, maintenance, operation, repair operation or removal of the Generator and to indemnify, defend and hold Landlord harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord in connection with the installation, maintenance, operation or removal of the Generator, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that the installation and use of the Generator and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generator and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be subject to liable for the indemnity provisions set forth in Section 10.3 full amount of the Leaseany such increase. 3) 15.3 Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and the appurtenances, all of which shall remain the personal property of Tenant Tenant, and shall be removed by Tenant at its own expense as at the expiration or earlier termination of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this AmendmentLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the date Tenant installs the Generator, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent in accordance with the standards for Alterations in this Lease. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) 15.4 Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using maintaining and removing the said Generator. 5) 15.5 Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything Business Hours and at a time mutually agreed to in this Amendment or the Lease writing by Landlord and Tenant in advance. Tenant shall be permitted to the contrary, Tenant may use the Generator Area solely for its intended purpose as the maintenance and when needed (as reasonably determined operation of the Generator and the Generator and Generator Area are solely for the benefit of Tenant. All electricity generated by Tenant)the Generator may only be consumed by Tenant in the Premises. 15.6 Landlord shall have no obligation to provide any services, including, without any restriction limitation, electric current, to the Generator Area. 15.7 Tenant shall have no right to sublet the Generator Area or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants assign its interest in the ProjectGenerator Area hereunder, unless such assignment or sublease is in connection with the assignment of Tenant’s interest under the Lease or a sublease of the Premises.

Appears in 1 contract

Sources: Lease (Hubspot Inc)

Emergency Generator. 1(A) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have access to and use of the right to install Tenant Generator Space (as defined in Exhibit N attached hereto) for the installation, use, maintenance and repair of a supplemental emergency diesel-powered electric generator and other related equipment, including fuel tanks, fuel lines, mountings and supports (collectively, the “Tenant Generator”) to provide for purposes of providing emergency additional and back-up electrical capacity power to the 9449 Premises, all to the extent permitted by and in accordance with applicable Laws, but exclusive of any emergency power required for the base Building’s life safety systems, including base Building life safety devices required by governmental entities or agencies having jurisdiction over the Building and installed in the Premises, which installation shall be at the sole cost and responsibility of Landlord. The Tenant, at its cost, shall install, maintain (in good and safe condition and repair, in compliance with all Laws), insure and remove (at the end of the Term) the Tenant Generator and shall, at its sole cost and expense, repair any and all damage caused to the Building or any equipment or property as a result of Tenant’s exercise of the rights granted in this Article 26. Tenant shall pay Rent for use of such Tenant Generator Space area at the gross rental rate (i.e., there shall be no Operating Expenses or Taxes separately payable for any such Tenant Generator Space) of $17.00 per square foot of Rentable Area thereof, increased on a cumulative, compounding basis commencing on the first day of the second Lease Year by two and one-half percent (2.5%) annually; provided that no such Rent shall be payable relative to any separate space used for housing Tenant’s fuel tank (i.e., as opposed to being used for housing the generator and other related equipment constituting the Tenant Generator hereunder). Installation of the Tenant Generator shall be placed performed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install sole cost and expense in accordance with the Generator shall be subject to: (i) Landlord’s reasonable approval provisions of the manner in which Workletter (if part of the Generator is installed, Tenant Work) or Article 7. Landlord shall ensure that no equipment of Landlord or any other tenant or occupant of the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from Building interferes with the operation of the Generator; and (ii) the covenantsTenant Generator or any equipment related thereto, conditions and restrictions of record applicable and, if any such interference shall arise, Landlord shall, at no cost to the ProjectTenant, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over promptly remedy such mattersinterference. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, agree that upon the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of this Lease or Tenant’s right to possession hereunder, for any reason, Tenant’s rights under this Article 26 shall simultaneously terminate. Within fifteen (15) Business Days following the expiration or earlier termination of the 9449 Expansion Space in accordance with the Lease and this Amendment. Term, Tenant shall remove the Tenant Generator from the Building and repair any damage caused by to the Building as a result thereof. (B) If Tenant requires riser space or other space for conduit, wiring and/or cabling connecting the Premises and/or the Building’s switchgear room to the Tenant Generator, and/or space or pathways for fuel lines connecting the Tenant Generator to the fuel tanks supplying fuel for the Tenant Generator, Landlord shall make such removalriser space and other space available to Tenant at no cost to Tenant, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance such riser space and operation other space shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition provided and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted maintained by Landlord, and used by Tenant, as though the same constituted a part of the Landlord’s Telecommunications Infrastructure (as set forth in Article 6 and Article 27 hereof and Exhibit N attached hereto). Any lines, cabling and/or wiring installed by Tenant in such riser or other space shall have unlimited access to the Generator and its surrounding area constitute components of “Lines” for the purpose purposes of installingthis Lease; provided, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test not be required to remove any such lines, cabling and/or wiring upon the Generator before expiration or after normal business hoursearlier termination of this Lease. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Emergency Generator. 1) During the Term as it applies Subject to the 9449 Expansion Space, as extended from time to timeterms of this Section 16.8, Tenant shall have may during the right to Term, install a supplemental as an Alteration in accordance with Section 12.3, maintain, operate and use an emergency generator and associated equipment, connections and Cabling (collectively, the “GeneratorGenerator Facilities”) to provide emergency additional electrical capacity for the sole purpose of providing back-up power for the Premises (and not for the use of any other tenant in the Building) during a power outage in the Premises; provided that (a) Landlord and Tenant execute a license agreement (“License Agreement (Generator)”) in substantially the form of the License Agreement (Rooftop Installations), with mutually acceptable modifications consistent with this Section 16.8; (b) Tenant complies with, and performs and completes any work performed pursuant to the 9449 Building. The License Agreement (Generator) in accordance with the License Agreement (Generator) and this Lease, including, without limitation, Article XII; (c) Tenant pays associated Additional Rent as provided in Section 16.2 of this Lease for any excess electricity use; and (d) such Generator Facilities are installed in the location identified on Exhibit J. Notwithstanding anything to the contrary in this Section 16.8, Landlord and Tenant shall cooperate to agree to modifications to the License Agreement (Rooftop Installations) reasonably requested by the other party and as necessary to take into account the type of Generator Facilities to be installed pursuant to such License Agreement (Generator) and the location thereof; provided that the License Agreement (Generator) shall provide, in any event, that (i) the installation of the Generator Facilities pursuant thereto shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator sole cost and expense and shall be subject to: (i) to Landlord’s reasonable approval of the manner in which the Generator is plans, specifications, location, method of installation, shielding, type of generator to be installed, the manner in which any cables are run to of placement and from the Generator manner of connection to the Premises and electrical system serving the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the GeneratorPremises; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that restoring and repairing any damage caused by the installation, maintenanceuse, repair, operation maintenance or removal of such Generator Facilities (or reimbursing Landlord for the cost thereof); and (iii) if the Landlord requires the removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtFacilities, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and Facilities shall be removed by Tenant Tenant, at its own expense as sole cost and expense, before the expiration of the 9449 Extended Expiration Date Term or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space License in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.Section 12.3

Appears in 1 contract

Sources: Office Lease (McAfee Corp.)

Emergency Generator. 1(a) During the Term as it applies Tenant, at its sole cost and expense and subject to the 9449 Expansion Spaceterms of this Lease, as extended from time to time, Tenant shall have the right to install a supplemental install, operate and maintain an emergency generator and related equipment (collectively, the "Generator") to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a precise location at on the 9449 Building designated by Tenant and or the Exterior Areas reasonably approved by satisfactory to Landlord. Notwithstanding the foregoingTenant shall install, Tenant’s right to install operate and maintain the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installedaccordance with all federal, the manner in which state and local laws and regulations and with any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the protective covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all any necessary governmental and regulatory permits and approvals licenses required to install, operate and for maintain the cost of installing, operating, maintaining, repairing Generator and removing the Generatorshall provide copies thereof to Landlord. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation Prior to installation of the Generator. 2) , Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal provide Landlord with a certificate of insurance on behalf of the Generator does not damage installer reasonably satisfactory to Landlord. Tenant, at Tenant's sole cost and expense, shall install screening around the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtGenerator, the installationsize, maintenancelocation, operation, repair or removal design and manner of the Generator which shall be subject to the indemnity provisions set forth written approval of Landlord. Tenant shall at all times keep the Generator and the surrounding area in Section 10.3 of the Leasea clean and orderly condition. 3(b) Tenant Tenant, at its sole cost and expense, shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of removing the Generator and appurtenancesthe screening surrounding the Generator and for restoring the Building and/or Exterior Areas affected by the Generator and screening to their original condition after such removal. Tenant agrees, within ten (10) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of which the terms and conditions set forth herein. If Tenant fails to remove the Generator and screening surrounding same from the Building or Exterior Areas upon expiration or earlier termination of the Lease, or after expiration of the ten (10) day notice period provided above, the Generator and screening surrounding same shall remain the personal property of be deemed abandoned by Tenant and shall be removed by Tenant become the property of Landlord, or Landlord may remove the same at its own expense as of Tenant's expense. (c) In addition, commencing on the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Generator installation date, Tenant shall repair any damage caused by such removalobtain a policy of liability insurance, including the patching or endorsements to Tenant's policy or policies of any holes to matchliability insurance, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference covering pollution liability with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionlimits of not less than $1,000,000. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Ultimate Software Group Inc)

Emergency Generator. 1(a) During the Term as it applies Tenant, at its sole cost and expense and subject to the 9449 Expansion Spaceterms of this Lease, as extended from time to time, Tenant shall have the right to install a supplemental install, operate and maintain an emergency diesel/gas powered generator and related equipment (collectively, the "Generator") to provide emergency additional electrical capacity to in the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated as depicted on Exhibit K attached hereto (or such other location mutually agreed upon by Tenant Landlord and reasonably Tenant) and in accordance with CDs approved by Landlord. Notwithstanding Landlord shall be responsible, at Tenant's sole cost and expense (which expense shall be included in the foregoingCost Statement for the Tenant Improvements), Tenant’s right for the removal of any equipment currently located in the area depicted on Exhibit K or as may be necessary for Tenant to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have use commercially reasonable efforts to remove such equipment as soon as practical, but in no event later than February 1, 2010. Tenant shall install, operate and maintain the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing emergency generator in accordance with all federal, state and landscaping) to hide or disguise the existence of the Generator local laws and to minimize regulations and with any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectprotective covenants. Tenant shall be solely responsible for obtaining all any necessary governmental and regulatory permits and approvals licenses required to install, operate and for maintain the cost of installing, operating, maintaining, repairing emergency generator and removing the Generatorshall provide copies thereof to Landlord. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation Prior to installation of the Generator. 2) , Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal provide Landlord with a certificate of insurance on behalf of the Generator does not damage installer reasonably satisfactory to Landlord. Tenant, at Tenant's sole cost and expense, shall install screening around the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtGenerator, the installationsize, maintenancelocation, operation, repair or removal design and manner of the Generator which shall be subject to the indemnity provisions set forth written approval of Landlord and in Section 10.3 accordance with the requirements of the Leaseapplicable governmental entities. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition. 3(b) Tenant Upon the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of removing the Generator and appurtenancesthe screening surrounding the Generator and for restoring the Building and/or Common Areas affected by the Generator and screening to their original condition after such removal. Tenant agrees, within ten (10) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of which the terms and conditions set forth herein. If Tenant fails to remove the Generator and screening surrounding same from the Building or Common Areas upon expiration or earlier termination of the Lease, or after expiration of the ten (10) day notice period provided above, the Generator and screening surrounding same shall remain the personal property of be deemed abandoned by Tenant and shall be removed by Tenant become the property of Landlord, or Landlord may remove the same at its own expense as of Tenant's expense. (c) In addition, commencing on the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Generator installation date, Tenant shall repair any damage caused by such removalobtain a policy of liability insurance, including or endorsements to Tenant's policy or policies of liability insurance, covering pollution liability with limits of not less than $1,000,000. Notwithstanding the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contraryforegoing, Tenant may use elect not to carry such pollution liability insurance coverage; provided, however, that in such event, Tenant shall release, defend and indemnify Landlord from any and all claims arising during the Generator for its intended purpose as and when needed (as reasonably determined Lease Term that would have been covered by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only such insurance had Tenant elected to applicable Laws and unreasonable disturbances to other tenants in the Projectcarry such coverage.

Appears in 1 contract

Sources: Office Lease (Panera Bread Co)

Emergency Generator. 1Tenant shall be permitted, at its sole cost and expense, to install a gas-fired emergency generator, not to exceed 154 inches long x 60 inches wide x 80 inches tall in dimension and 8,000 pounds (the "Emergency Generator") During on the Term as roof of the Building, in the location described on Exhibit J attached to this Lease and incorporated herein by reference. The exact specifications of the Emergency Generator, and the method of installing the Emergency Generator on the roof, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed (it applies being understood and agreed that Landlord's approval of any Emergency Generator that exceeds the specifications set forth above shall be in Landlord's sole discretion). Tenant and Tenant's contractors shall have reasonable access to the 9449 Expansion Spaceroof in order to inspect, service, repair, maintain and replace the Emergency Generator, subject to Landlord's reasonable rules and regulations applicable to access to and use of the rooftop provided that Tenant has been given prior notice thereof. Tenant shall use Landlord's roof contractor for the installation of flashing for rooftop penetrations necessary for the placement of the Emergency Generator. Tenant's use of the Emergency Generator shall be upon all of the conditions of the Lease, except as extended from modified below: (a) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the "Generator Connections") between the Emergency Generator and the Premises. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications for the placement and installation of the Generator Connections, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Generator Connections. Landlord shall inform Tenant at the time of its review of the Generator Connections whether Landlord will require the same to timebe removed by Tenant upon the expiration or earlier termination of this Lease. (b) Tenant shall have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Emergency Generator or the Generator Connections. (c) The Emergency Generator shall be used solely to provide back-up power in the event of an outage for Tenant's lights and plugs and business equipment in the Premises and dedicated heating, ventilation and air conditioning systems serving the Premises, but not for the purposes of running any life-safety systems or equipment (it being understood and agreed that such dedicated HVAC systems may not function during such an outage, even if connected to the Emergency Generator, to the extent that the base building systems are not functioning). (d) Landlord shall have no liability to Tenant for the installation and subsequent operation of the Emergency Generator. (e) Landlord shall have no obligation to provide any services to the Emergency Generator; provided, however, Tenant shall have the right to install a supplemental emergency generator (access shafts and conduits in the “Generator”) Building plenum areas, and other pathways in the Building, in order to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the connect -the Emergency Generator to the Premises Premises, subject to Landlord's right to reasonably approve such connections and subject to Landlord's reasonable rules and regulations applicable to access to and use of such areas provided that Tenant has been given prior notice thereof. Tenant shall, at its sole cost and expense and otherwise in accordance with the measures that will be taken to eliminate any vibrations or sound disturbances from provisions of this Section 8.28, arrange for all utility services required for the operation of the Emergency Generator; . (f) Tenant shall, at its sole cost and (ii) the covenantsexpense, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental maintenance and regulatory permits repair to the Emergency Generator and approvals and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the GeneratorEmergency Generator with a service provider reasonably acceptable to Landlord. 2(g) Tenant shall be responsible for assuring that have no right to make any changes, alterations, signs, or other improvements to the installation, maintenance, repair, operation and removal of Emergency Generator or the Generator does Connections without Landlord's prior written consent, which consent shall not damage the 9449 Building be unreasonably withheld or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Leasedelayed. 3(h) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal cost of repairing any damage to the Building or the Property caused by its use of the Emergency Generator and appurtenances, the Generator Connections or any work related thereto. (i) Except for assignees of this Lease or subtenants of all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as or a portion of the 9449 Extended Expiration Date Premises, no other person, firm or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removalentity (including, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around other tenants, licensees or occupants of the Generator, in good condition and repair. Tenant Building) shall be responsible for performing any maintenance and improvements have the right to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject connect to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Emergency Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorother than Tenant. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Sublease Agreement (Care.com Inc)

Emergency Generator. 1) During the Term as it applies A. In addition to the 9449 Expansion SpaceTenant’s rights under ARTICLE 44 of this Lease, as extended from time Landlord hereby grants to time, Tenant shall have the right to install in a supplemental emergency generator location or locations (the collectively GeneratorLocation”) in the lower level of the Building mutually agreeable to provide emergency additional electrical capacity Landlord and Tenant, a standby generator and related equipment. The generator and such equipment installed by Tenant, together with the equipment already referred to in said ARTICLE 44, shall be included in the definition of Equipment for all purposes of this Lease. · Notwithstanding anything elsewhere in this Lease to the 9449 Building. The Generator contrary, the generator and related equipment need not be removed by Tenant prior to the Termination Date but shall be placed at a location at the 9449 Building designated removed by Tenant and reasonably approved by no later than the Termination Date. Obligations with respect to removal shall survive any termination of this Lease. B. Landlord agrees that Tenant, upon reasonable prior written notice to Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator have access to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and Location for the cost purpose of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed generator and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenancesrelated equipment, all of which shall remain the personal property be performed by Tenant or Tenant’s authorized representative or contractors, which shall be approved by Landlord (such approval to be not unreasonably withheld, conditioned or delayed), at Tenant’s sole cost and risk. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of Tenant or persons under their direct supervision will be permitted to have access to the Location. Tenant further agrees to exercise firm control over the people requiring access to the Location in order to keep to a minimum the number of people having access to the Location and shall the frequency of their visits. C. Tenant agrees to be removed responsible for any damage caused to the Location or any other part of the Building, which may be caused by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration of its agents or termination representatives as a result of Tenant’s right to possession exercise of its rights under this ARTICLE 45. D. Tenant, at its sole cost and expense, and at its sole risk, shall install, operate and maintain the generator and related equipment in a good and workmanlike manner, and in compliance with all building and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated. Landlord and its agents assume no responsibility for the licensing, operation and/or maintenance of the 9449 Expansion Space in accordance with generator and related equipment. Except as may arise from the Lease and this Amendment. Tenant negligence of the Landlord, neither Landlord nor its agents shall repair have any damage caused by such removal, including responsibility or liability for the patching conduct or safety of any holes of Tenant’s representatives or repair, maintenance and engineering personnel while in or on any part of the Building or the Location in connection with installing or maintaining the generator and related equipment. No failure of service hereunder shall constitute a Service Failure under this Lease. E. Tenant agrees to matchmaintain all of the generator and related equipment placed on or about the Location or in any other part of the Building in proper operating condition and maintain same in satisfactory condition as to safety in Landlord’s sole, as closely as possible, the color surrounding the area where the Generator and appurtenances were attachedreasonable discretion. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain . F. In light of the Generatorspecialized nature of the generator and related equipment, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible permitted to utilize the services of its choice for performing any maintenance installation, operation, removal and improvements to any enclosure surrounding repair of the Generator so as to keep such enclosure in good condition. 4) Tenantgenerator and related equipment, subject to the reasonable approval of Landlord. Notwithstanding the foregoing, Tenant must provide Landlord with prior written notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the Location. G. Tenant specifically acknowledges and agrees that the terms and conditions of ARTICLE 14 regarding indemnification and waiver of claims shall apply with full force and effect to the Location and any other portions of the Building accessed or utilized by Tenant, its representatives, agents, employees or contractors. H. If Tenant defaults under any of the terms and conditions of this ARTICLE 45, and Tenant fails to cure said default within any applicable cure period provided for in this Lease, the same shall be an Event of Default under ARTICLE 24 of this Lease, but Landlord’s sole remedies for such a default shall be to terminate the rights hereunder on notice to Tenant and Tenant and, in addition, Landlord may perform any non-monetary obligations of Tenant hereunder, including, without limitation the obligations of Tenant to remove all or any of the generator and related equipment, and restore the Location to the condition that existed prior to the installation of the generator and related equipment. Tenant shall be liable for all out of pocket costs and expenses Landlord incurs in removing the generator and related equipment and repairing any damage to the Building caused by the installation, operation or maintenance of the generator and/or related equipment. In such event, Tenant shall reimburse Landlord for all such costs incurred by Landlord as aforesaid together with an administrative charge equal to 10% of the cost of the work performed by Landlord. The amount to be reimbursed hereunder shall be paid together with interest from the date such cost paid is by Landlord (as evidenced by paid invoices supplied by Landlord to Tenant) at the rate of 12% per annum. Executed as a sealed instrument as of the date first above written. ▇▇▇▇▇▇ PLACE ASSOCIATES, LLC, a Delaware limited liability company By: SPG ▇▇▇▇▇▇ ASSOCIATES, a Delaware limited liability company, its Managing Member By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Hereunto duly authorized WAYFAIR LLC By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ its: CFO and not individually Hereunto duly authorized · Removal of floor surface to concrete slab, including all raised access flooring and ramps; · Removal of ceiling surfaces and lighting, perimeter soffit and linear diffuser to remain; · Installation of temporary lighting; · Removal of HVAC diffusers and ductwork back to VAV/Fan Powered Terminal Boxes; · Removal of all supplemental HVAC equipment and piping associated with existing tenant computer rooms; · Plumbing to be cut, capped and removed back to risers; · Fire alarm system devices secured to structure or Building elements; · Removal of office(s), and partitions, doors, sidelights and interior glass; · Electrical distribution in the Premises to be made safe and removed back to tenant distribution panel. All supplemental electrical panels and electrical equipment located within the open space to be removed back to core tenant distribution panels; · Removal of all existing tenant tel/data cabling; · Gypsum soffits with linear diffusers to remain; · Gypsum Columns to remain; · Infill existing floor cores; · Code compliant tenant demising walls to be provided throughout space. Landlord shall be responsible for all demising work with respect to the Initial Premises at its sole cost and expense. Landlord shall also be responsible at its sole cost and expense for all restroom renovations on any floor of any Tower on which Tenant has leased, initially or during the Term, more than 50% of the floor area of such floor. Men’s and women’s restroom renovations, compliant with ADA (if necessary, including construction of additional handicap restrooms), will include plumbing fixtures, hot and cold running water, ceramic tile floors and wall surfaces, accessories and dividers, and ceilings and lighting. RULES AND REGULATIONS. Tenant agrees to observe the rights reserved to Landlord in the Lease and agrees, for itself, its employees, agents, clients, customers, invitees and guests, to comply with the following rules and regulations enacted by Landlordand with such reasonable modifications thereof and additions thereto as Landlord may make, shall have unlimited access from time to time, for the Building. (a) Any sign, lettering, picture, notice, or advertisement installed within Tenant’s Premises (including but not limited to Tenant identification signs on doors to the Generator Premises) which is visible outside of the Premises shall be installed at Tenant’s cost and its surrounding area for in such manner, character and style as Landlord may approve in writing. No sign, lettering, picture, notice or advertisement shall be placed on any outside window or in any position so as to be visible from outside the purpose Building or from any atrium or lobbies of installing, operating, repairing, maintaining, using and removing the GeneratorBuilding. 5(b) Tenant shall only test not use the Generator before name of the Building or after normal business hoursuse pictures or illustrations of the Building in advertising or other publicity, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. 6(c) Notwithstanding anything Tenant, its customers, invitees, licensees, and guests shall not obstruct sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators and stairways in this Amendment and about the Building. Tenant shall not place objects against glass partitions or doors or windows or adjacent to any open common space which would be unsightly from the Lease Building corridors or from the exterior of the Building, and will promptly remove the same upon notice from Landlord. (d) Tenant shall not make noises, cause disturbances, create vibrations, odors or noxious fumes or use or operate any electrical or electronic devices or other devices that emit sound, waves or are dangerous to other tenants and occupants of the contraryBuilding or that would interfere with the operation of any device or equipment or radio or television broadcasting or reception from or within the Building or elsewhere, or with the operation of roads or highways in the vicinity of the Building and shall not place or install any projections, antennae, aerials or similar devices inside or outside of the Premises. (e) Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without shall not make any restriction or hindrance room to room canvass to solicit business from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the ProjectBuilding, and shall not exhibit, sell or offer to sell, use, rent or exchange any item or services in or from the Premises unless ordinarily embraced within Tenant’s use of the Premises as specified in its lease. (f) Tenant shall not waste electricity or water and agrees to cooperate fully with Landlord to assure the most effective operation of the Building’s heating and air conditioning and shall refrain from attempting to adjust any controls. Tenant shall keep doors from the Premises to the public corridor doors closed when not in use. (g) Door keys for doors in the Premises will be furnished at the commencement of the Lease by Landlord. Tenant shall not affix additional locks on doors and shall purchase duplicate keys only from Landlord. When the Lease is terminated, Tenant shall return all keys to Landlord and will provide to Landlord the means of opening any safes, cabinets or vaults left in the Premises. (h) Tenant assumes full responsibility for protecting its space from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. (i) Peddlers, solicitors and beggars shall be reported to the office of the Building or as Landlord otherwise requests. (j) Tenant shall not install nor operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the written permission of Landlord. (k) No person or contractor not employed by Landlord shall be used to perform window washing, cleaning, decorating, repair or other work in the Premises. (l) Tenant shall not, and Tenant shall not permit or suffer anyone to: (1) ▇▇▇▇ in the Premises (other than through the use of microwave or toaster oven(s)), but nothing herein shall prevent the use of customary coffee stations; (2) Place vending or dispensing machines of any kind in or about the Premises for use by other than its employees, guests and business invitees; (3) At any time sell, purchase or give away, or permit the sale, purchase or gift of, food in any form other than to employees, guests and business invitees; (m) Tenant shall not: (1) Use the Premises for lodging, manufacturing or for any immoral or illegal purposes. (2) Use the Premises to engage in the manufacture or sale of any spirituous, fermented, intoxicating or alcoholic beverages. (3) Use the Premises to engage in the manufacture or sale of, or permit the use of, any illegal drugs on the Premises. (n) In no event shall any person bring into the Building inflammables such as gasoline, kerosene, naphtha and benzene, or explosives or firearms or any other article of intrinsically dangerous nature. If by reason of the failure of Tenant to comply with the provisions of this paragraph, any insurance premium payable by Landlord for all or any part of the Building shall at any time be increased above normal insurance premiums for insurance not covering the items aforesaid, Landlord shall have the option to either terminate the Lease or to require Tenant to make immediate payment for the whole of the increased insurance premium. (o) Tenant shall comply with all applicable federal, state and municipal laws, ordinances and regulations and building rules, and shall not directly or indirectly make any use of the Premises which may be prohibited thereby or which shall be dangerous to person or property or shall increase the cost of insurance or require additional insurance coverage. (p) If Tenant desires signal, communication, alarm or other utility or service connection installed or changed, the same shall be made at the expense of Tenant, with approval and under direction of Landlord. (q) Bicycles shall not be permitted in the Building in other than Landlord designated locations. (r) Tenant shall cooperate and participate in all security programs affecting the Building. (s) In the event Landlord allows one or more tenants in the Building to do any act prohibited herein, Landlord shall not be precluded from denying any other tenant the right to do any such act. (t) Tenant, or the employees, agents, servants, visitors or licensees of Tenant shall not at any time place, leave or discard any rubbish, paper, articles, or objects of any kind whatsoever outside the doors of the Premises or in the corridors or passageways of the Building. No animals or birds shall be brought or kept in or about the Building. (u) Landlord shall have the right to prohibit any advertising by Tenant which, in Landlord’s opinion, tends to impair the reputation of the Building or its desirability for offices, and, upon written notice from Landlord, Tenant will refrain from or discontinue such advertising. (v) Except as permitted under the Lease or in connection with the installation of any Tenant improvements and office decorations, Tenant shall not ▇▇▇▇, paint, drill into, or in any way deface any part of the Building or the Premises. No boring, driving of nails or screws, cutting or stringing of wires shall be permitted, except with the prior written consent of Landlord, and as Landlord may direct. Tenant shall not install any resilient tile or similar floor covering in the Premises except with the prior approval of Landlord. The use of cement or other similar adhesive material is expressly prohibited. (w) Landlord shall have the right to limit or control the number and format of listings on the main Building directory. I. CLEANING -TENANT’S AREAS A. NIGHTLY- MONDAY THROUGH FRIDAY HOLIDAYS EXCLUDED 1. DUST MOP, ALL STONE, CERAMIC, TILE, TERRAZZO, AND OTHER TYPES OF UNWAXED FLOORING, USING A TREATED MOP. 2. DUST MOP ALL VINYL, ASBESTOS, ASPHALT, RUBBER AND SIMILAR TYPES OF FLOORING, USING A TREATED MOP. THIS INCLUDES REMOVAL OF GUM AND OTHER SIMILAR SUBSTANCES USING A SCRAPING DEVICE. 3. VACUUM ALL CARPETED AREAS. 4. DUST MOP ALL PRIVATE AND PUBLIC STAIRWAYS AND VACUUM IF CARPETED. 5. HAND DUST AND WIPE CLEAN ALL HORIZONTAL SURFACES INCLUDING FURNITURE, FILE CABINETS, FIXTURES, AND WINDOW ▇▇▇▇▇, USING A CHEMICALLY TREATED DUST CLOTH. PAPERS ON DESK SHALL REMAIN UNDISTURBED. 6. DUST AND SANITIZE ALL TELEPHONES USING A DISINFECTANT SOLUTION. 7. REMOVE FINGER MARKS FROM ALL PAINTED SURFACES NEAR LIGHT SWITCHES, ENTRANCE DOORS, ETC. 8. REMOVE ALL GUM AND FOREIGN MATTER ON SIGHT. 9. EMPTY AND CLEAN ALL WASTE RECEPTACLES AND REMOVE WASTE PAPER AND WASTE MATERIALS TO A DESIGNATED AREA. REPLACE LINERS IN EACH RECEPTACLE. 10. DAMP DUST INTERIORS OF ALL WASTE DISPOSAL RECE

Appears in 1 contract

Sources: Office Lease (Wayfair LLC)

Emergency Generator. 1) During the Term as it applies 37.1 Subject to the 9449 Expansion Space, as extended from time to timeterms hereof and applicable laws, Tenant shall have the right to install a supplemental emergency one (1) back-up electrical generator (the “Generator”) in a location reasonably designated by Landlord (the “Generator Area”). In no event shall Tenant permit the Generator to provide emergency additional interfere with normal and customary use or operation of the Building by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with Tenant’s installation, operation, use and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) business days following billing. If required by Landlord, Tenant, at Tenant’s sole cost and expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord’s reasonable discretion) in order to satisfy Landlord’s aesthetic requirements in connection with the Generator. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, and at Tenant’s sole cost and expense, Landlord shall permit Tenant to install and maintain the Generator in the Generator Area, and connections between the Generator and Landlord’s electrical capacity systems in the Building, all in compliance with all applicable laws. Without limitation of the foregoing, all conditions relating to the 9449 Buildinginstallation, connection, use, repair and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the core of the Building and/or through the Building risers to the Premises) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and otherwise subject to the provisions of Article 8 related to the performance of improvements within the Premises. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be placed at a location at the 9449 Building designated used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon twenty four hours prior notice to Landlord and at times reasonably approved by Landlord. Notwithstanding Tenant shall submit the foregoingspecifications for design, operation, installation and maintenance of the connections to the Generator and facilities related thereto to Landlord for Landlord’s consent, which consent will not be unreasonably withheld, conditioned or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s engineers, so that the Building’s systems or other components of the Building are not adversely affected by the installation and operation of the Generator and/or based upon other reasonable factors as determined by ▇▇▇▇▇▇▇▇. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s right sole responsibility. Landlord makes no representation or warranty of any kind with respect to install the such Generator. The Generator shall be subject to: (i) deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. 37.2 At Landlord’s reasonable approval of the manner in which option, Landlord may require that Tenant remove the Generator is installedand all related facilities and equipment upon the expiration or earlier termination of this Lease, the manner in which as amended (or upon any cables are run earlier termination of Tenant’s rights with respect to and from the Generator as provided hereunder), and repair all damage to the Premises Building resulting from such removal and the measures that will be taken restore all affected areas to eliminate any vibrations or sound disturbances from the operation their condition existing prior to Tenant’s installation of the Generator; , all at Tenant’s sole cost and expense. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. 279330373 v2 37.3 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (iiincluding, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to or connected with the covenantsinstallation, conditions use, operation, repair and/or removal of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein and restrictions such failure shall continue for ten (10) business days without cure, without limitation of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord’s other remedies (a) Landlord shall have the right to require Tenant terminate Tenant’s rights with respect to provide a reasonably acceptable enclosure the Generator, and/or (e.g. wood fencing b) Landlord shall have the right, at Tenant’s sole cost and landscaping) expense, to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. cure such breach, in which event Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installingobligated to pay to Landlord, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2within ten (10) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted business days following demand by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatoramount expended by Landlord. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease (Bionano Genomics, Inc.)

Emergency Generator. 1(a) During To the Term as it applies extent permitted by Law, Tenant may, at Tenant’s sole cost and expense, install an emergency generator, together with all required controls, wiring, distribution and other ancillary equipment normally associated therewith, including a fuel tank, and risers to connect such fuel tank to Tenant’s emergency generator, all in a location or locations in the 9449 Expansion SpaceBuilding to be reasonably selected by Landlord and reasonably acceptable to Tenant, Tenant shall pay to Landlord, as extended Additional Charges, a fee for the use of any such space in the Building at the rate charged by Landlord therefor from time to time, which rate shall be commercially reasonable for similarly situated first class commercial buildings located in midtown Manhattan. Tenant shall have may replace or modify such equipment (and modify Tenant’s electrical distribution system connected to such generator) from time to time during the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity Term, subject to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right provisions of this Lease. (b) Any work to install the Generator emergency generator and its related controls, wiring, distribution and other equipment shall be subject to: (i) Landlorddone as an Alteration. Any installation, maintenance, repair and replacement of such equipment shall be done at Tenant’s reasonable approval expense, and Landlord shall have no liability in respect thereof. No installation on a Building setback may be closer than 5 feet to the parapet wall, and any installation shall provide for adequate drainage and decking and be done in a manner to provide that such equipment shall not cause unreasonable noise, unreasonable vibration or other unreasonable interference with any other occupants of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations Building or sound disturbances from the operation of the Generator; Building. Any reinforcement of the setback area or other reasonable requirements of Landlord’s structural engineer required as a result of Tenant’s installation shall be performed by Landlord at Tenant’s reasonable expense. Landlord may at all times use the area in which the emergency generator is located in connection with any cleaning, maintenance, repair or operation of the Building, and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right no liability to require Tenant by reason thereof. Subject to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installingSection 7.03, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring all damage to persons or property which results from Tenant’s use of the emergency generator, except to the extent caused by the negligence or willful misconduct of any Indemnified Party. Landlord makes no warranty to Tenant as to the permissibility under Laws of using the area designated for the emergency generator for any purpose permitted under this Lease or as to the suitability of such area for any such purpose. Tenant shall comply with all Laws applicable to the equipment so installed and Tenant’s use thereof Tenant shall secure and keep in full force and effect, from and after the time Tenant begins installation of such equipment, such supplementary insurance with respect to such equipment as Landlord may reasonably require, provided that the installationsame shall not be in excess of that which would customarily be required from time to time by landlords of buildings of similar class and character in New York City with respect to similar installations. (c) Landlord shall give Tenant reasonable access to the emergency generator so as to permit Tenant to install, maintenanceoperate, repairmaintain, operation repair and removal of replace same and to connect it to the Generator does not damage the 9449 Building or Project and Premises; provided, that, in any such case, Tenant shall be responsible for any damages caused thereby. For avoidance accompanied by a representative of doubt, the installation, maintenance, operation, repair or removal of the Generator Landlord who shall be subject made available to Tenant at reasonable times upon reasonable advance notice from Tenant, Landlord may at any time and from time to time during the Term (but only after such prior notice, if any, as is reasonable under the circumstances) at Tenant’s reasonable expense, temporarily disconnect and remove Tenant’s emergency generator if reasonably required in order to access the Building emergency generator or other emergency generators at such location, in which event, upon completion of Landlord’s work, Landlord shall, at Tenant’s reasonable expense, re-install the same in substantially its original location. (d) To the extent practicable in Landlord’s reasonable judgment, Tenant may, at Tenant’s sole cost and expense, in a location or locations in the Building to be reasonably selected by Landlord and reasonably acceptable to Tenant, connect Tenant’s emergency generator to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance Building’s existing cooling tower fan and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator condenser water pump so as to keep such enclosure in good condition. 4) Tenant, subject be able to provide power on an emergency or overtime basis to the reasonable rules same. Landlord and regulations enacted by Landlord, shall have unlimited access Tenant agree to cooperate with each other in connection with the Generator and its surrounding area for the purpose provisions of installing, operating, repairing, maintaining, using and removing the Generatorthis Section 9.21(d). 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease (Thomas Weisel Partners Group, Inc.)

Emergency Generator. 1(a) During the Term as it applies Tenant, subject to the 9449 Expansion SpaceLandlord’s review and approval of ▇▇▇▇▇▇’s plans therefor, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 BuildingPremises during the Term, in an electrical capacity to be reasonably approved by Landlord (“Generator Area”). Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed at in a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant▇▇▇▇▇▇’s right to install the Generator shall be subject to: (i) to Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Projectincluding, architectural review and without limitation, any necessary approval by the local municipality and county governments 2 hour rated enclosures or agencies having authority and jurisdiction over such matterssound installation. Landlord shall have the right to require Tenant to provide a reasonably an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectthe Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before the date that is two (2) years after the Commencement Date (“Generator Commencement Date”), or if Tenant, after installation, removes the Generator from the Generator Area for reasons other than the repair and replacement of the Generator, Tenant’s right to install and maintain the Generator and to use the Generator Area shall be null and void. 2(b) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not shall in no way damage any portion of the 9449 Building or Project the Generator Area. To the maximum extent permitted by law, the Generator and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and, except to the extent caused by the negligence or willful misconduct of Landlord, Landlord shall have no liability to Tenant shall if the Generator or any appurtenances installations are damaged for any reason. Tenant agrees to be responsible for any damages damage caused thereby. For avoidance of doubt, to the Building or Property in connection with the installation, maintenance, operation, repair operation or removal of the Generator and, in accordance with the terms of Article 15 hereof and, except to the extent caused by the negligence or willful misconduct of Landlord, to indemnify, defend and hold Landlord harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord in connection with the installation, maintenance, operation or removal of the Generator, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that the installation and use of the Generator and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generator and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be subject to liable for the indemnity provisions set forth in Section 10.3 full amount of the Leaseany such increase. 3(c) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and the appurtenances, all of which shall remain the personal property of Tenant Tenant, and shall be removed by Tenant at its own expense as at the expiration or earlier termination of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this AmendmentLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the Generator Commencement Date, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent. ▇▇▇▇▇▇ agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4(d) Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using maintaining and removing the said Generator. 5(e) Tenant shall only test the Generator before or after normal business hoursBusiness Hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Generator and Generator Area are solely for the benefit of Tenant. All electricity generated by the Generator may only be consumed by Tenant in the Premises. 6(f) Landlord shall have no obligation to provide any services, including, without limitation, electric current, to the Generator Area. (g) Tenant shall have no right to sublet the Generator Area or to assign its interest in the Generator Area hereunder except in connection with an assignment or sublease permitted pursuant to Article 16 hereof. (h) Notwithstanding anything to the contrary contained herein, if at any time during the Term Landlord determines in this Amendment its sole but bona fide business judgment, that the Generator and/or any appurtenances interfere with the operations of the Building or the Lease operations of any of the occupants of the Building, then Tenant shall, upon notice from Landlord, cease any further operation of the Generator. From and after such notice by Landlord, Tenant shall have no further right to operate the Generator unless and until Tenant shall have redesigned and modified the Generator and/or installations in a manner approved by Landlord, provided however, that Landlord’s approval of such redesign and modification shall constitute the mere permission to operate the Generator, which permission shall in no event be construed to abrogate or diminish Landlord’s rights or Tenant’s obligations under this Section 29.18 or the Lease. (i) Commencing as of the date that Tenant installs the Generator, and continuing throughout the Term of the Lease, Tenant shall pay Landlord, as additional rent in accordance with Article 4 of the Lease, the sum of $4,166.67 per month, plus applicable tax thereon, if any (the “Generator Fee”), for the Generator Area made available to Tenant hereunder. On each anniversary of the Commencement Date of the Lease, the Generator Fee shall increase by three percent (3%), rounded to the contrarynearest dollar, Tenant may use from the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants rate in effect at the Projectend of the immediately preceding year.

Appears in 1 contract

Sources: Lease Agreement (Foundation Medicine, Inc.)

Emergency Generator. 1) During the Term as it applies 15.1 Tenant, subject to the 9449 Expansion SpaceLandlord’s review and approval of T▇▇▇▇▇’s plans therefor, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) ” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the 9449 BuildingPremises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed at a location at in an area (the 9449 Building “Generator Area”) measuring approximately 20’ x 20’ to be designated by Tenant Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall reasonably approved by Landlorddesignate. Notwithstanding the foregoing, Tenant’s T▇▇▇▇▇'s right to install the Generator shall be subject to: (i) to Landlord’s reasonable 's approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Projectincluding, architectural review and without limitation, any necessary approval by the local municipality and county governments 2 hour rated enclosures or agencies having authority and jurisdiction over such matterssound installation. Landlord shall have the right to require Tenant to provide a reasonably an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectthe Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) 15.2 Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not shall in no way damage any portion of the 9449 Building or Project the Generator Area. To the maximum extent permitted by law, the Generator and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and, except in connection with Landlord’s gross negligence or willful misconduct, Landlord shall have no liability to Tenant shall if the Generator or any appurtenances installations are damaged for any reason. Subject to the waiver of subrogation provision of this Lease, T▇▇▇▇▇ agrees to be responsible for any damages damage caused thereby. For avoidance of doubt, to the Building or Property in connection with the installation, maintenance, operation, repair operation or removal of the Generator and to indemnify, defend and hold Landlord harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord in connection with the installation, maintenance, operation or removal of the Generator, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that the installation and use of the Generator and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generator and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be subject to liable for the indemnity provisions set forth in Section 10.3 full amount of the Leaseany such increase. 3) 15.3 Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and the appurtenances, all of which shall remain the personal property of Tenant Tenant, and shall be removed by Tenant at its own expense as at the expiration or earlier termination of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this AmendmentLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the date Tenant installs the Generator, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent in accordance with the standards for Alterations in this Lease. T▇▇▇▇▇ agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) 15.4 Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using maintaining and removing the said Generator. 5) 15.5 Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything Business Hours and at a time mutually agreed to in this Amendment or the Lease writing by Landlord and Tenant in advance. Tenant shall be permitted to the contrary, Tenant may use the Generator Area solely for its intended purpose as the maintenance and when needed (as reasonably determined operation of the Generator and the Generator and Generator Area are solely for the benefit of Tenant. All electricity generated by Tenant)the Generator may only be consumed by Tenant in the Premises. 15.6 Landlord shall have no obligation to provide any services, including, without any restriction limitation, electric current, to the Generator Area. 15.7 Tenant shall have no right to sublet the Generator Area or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants assign its interest in the ProjectGenerator Area hereunder, unless such assignment or sublease is in connection with the assignment of T▇▇▇▇▇’s interest under the Lease or a sublease of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Hubspot Inc)

Emergency Generator. 1) During the Term as it applies Subject to the 9449 Expansion Space, as extended from time to timeterms hereof and applicable Laws, Tenant shall have the right to install a supplemental one (1) emergency electrical generator (the “Generator”) to provide emergency additional electrical capacity service the Premises in an area adjacent to the 9449 BuildingBuilding (the specific location of the Generator shall be reasonably designated by Landlord [the “Generator Area”]). Except as specifically set forth in this Section 26.42 below, Tenant shall not be charged any Rent for the use of the Generator Area. All connections (cables, cable trays, etc.) -▇▇- ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇▇▇▇ ▇ from such Generator to the Premises shall be located in areas reasonably approved by Landlord. The Generator shall be placed screened by Tenant, at Tenant’s sole cost and expense, which screening shall be aesthetically consistent with the overall design, architecture, construction and aesthetics of the Project and a location first class creative office complex (evaluated relative to the Comparable Buildings). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with Tenant’s installation, operation, use and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within thirty (30) days following billing therefor. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant’s sole cost and expense, Landlord shall permit Tenant to install and maintain the 9449 Generator in the Generator Area, and connections between the Generator and Landlord’s electrical systems in the Building, all in compliance with all applicable Laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, repair and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the Building designated Systems) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for all maintenance and repairs and compliance with Laws obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Notwithstanding Tenant shall submit the foregoingspecifications for design, operation, installation and maintenance of the connections to the Generator and facilities related thereto to Landlord for Landlord’s consent, which consent will not be unreasonably withheld or delayed, and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s engineers, so that the Building’s Systems or other components of the Building and Project are not adversely affected by the installation and operation of the Generator and/or based upon other reasonable factors as determined by Landlord. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s right sole responsibility. All repairs and maintenance and compliance with Laws with respect to install the Generator shall be subject to: the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. At Landlord’s option, Landlord may require that Tenant upon the expiration or earlier termination of the Lease, as amended (or upon any earlier termination of Tenant’s rights with respect to the Generator as provided hereunder), either (i) Landlord’s reasonable approval of leave in place the manner in which Generator, and all related facilities and equipment, or (ii) remove the Generator is installed, the manner in which any cables are run to and from the Generator all related facilities and equipment and repair all damage to the Premises Building and/or Project resulting from such removal and the measures that will be taken restore all affected areas to eliminate any vibrations or sound disturbances from the operation their condition existing prior to Tenant’s installation of the Generator; , all at Tenant’s sole cost and expense. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. Tenant shall indemnify, defend, protect, and hold harmless Landlord, and the Landlord Parties from any and all loss, cost, damage, expense and liability (iiincluding, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to or connected with the covenantsinstallation, conditions and restrictions use, operation, repair and/or removal of record applicable the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the Projectrequirements set forth herein, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. without limitation of Landlord’s other remedies, (A) Landlord shall have the right to require terminate Tenant’s rights with respect to the Generator, and/or (B) Landlord shall have the right, at Tenant’s sole cost -▇▇- ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇▇▇▇ ▇ and expense, to cure such breach, in which event Tenant shall be obligated to provide pay to Landlord, within thirty (30) days following demand by Landlord, the Actual Cost expended by Landlord, plus a reasonably acceptable enclosure ten percent (e.g. wood fencing 10%) surcharge payable to Landlord on such costs to cover Landlord’s administrative costs. Tenant shall pay, as Additional Rent, all costs of Tenant’s use of Project utilities in connection with the Generator, which use, at Landlord’s option, shall be separately metered (and landscapingTenant shall pay to Landlord the cost of such separate metering), including, without limitation, any electricity, water, gas, or heating, ventilation or air conditioning. Tenant shall immediately cause the removal of any Hazardous Materials released by, or on behalf of, Tenant (including, without limitation, in connection with the Generator) and return the Generator and/or Project to hide the environmental condition as it existed prior to the installation of the Generator. Landlord has made no warranty or disguise representation that the existence Generator is permitted by applicable Law nor that the Generator Area is suitable for the Generator, and Tenant assumes all liability and risk in obtaining all permits and approvals necessary for the installation and use of the Generator. Further, during the entire portion of the Lease Term in which the Generator is located within the Project, Tenant shall (a) obtain and maintain all applicable permits in connection with the use and operation of the Generator and to minimize any adverse effect that the installation of (b) keep the Generator may have on the appearance of the 9449 Building in good working order and Projectcertified. Landlord may, upon at least fifteen (15) days’ prior written notice to Tenant, require Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of to relocate the Generator does Area, or a portion thereof, to another location designated by Landlord and reasonably acceptable to Tenant; provided, however, that a substitute location will not damage the 9449 Building result in permanent loss or Project and Tenant shall be responsible for any damages caused thereby. For avoidance loss over an extended period of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal functionality of the Generator and appurtenancesso long as Landlord shall provide temporary back-up generator power during any such relocation. In such event, all Landlord shall relocate the Generator to such substitute location at Landlord’s sole cost and expense at such time and in such manner as to inconvenience Tenant as little as reasonably practicable. All applicable provisions of which this Lease shall remain apply to the personal property of Tenant Generator Area and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Generator and Tenant’s right use thereof, in the same manner as those provisions apply to possession the Premises. In the event of any conflicts between the 9449 Expansion Space provisions of this Section 26.42 and the remainder of this Lease, in accordance connection with the Lease and interpretation of this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possibleSection 26.42 only, the color surrounding the area where provisions of this Section 26.42 shall govern. Accordingly, the Generator and appurtenances were attached. Such maintenance and operation the Generator Area shall be performed in deemed to be a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain part of the GeneratorPremises for purposes of the indemnity and insurance provisions of this Lease, including without limitation, any enclosure installed around the Generatorand, in good condition and repair. addition, Tenant shall be responsible for performing any maintenance maintain, at Tenant’s cost, industry standard “boiler and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionmachinery” insurance coverage with respect thereto. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (GoodRx Holdings, Inc.)

Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right to install a supplemental install, maintain and repair an emergency generator (the "Generator") to provide emergency additional electrical capacity on the Property at the location shown on Exhibit "J" attached hereto, under and subject to the 9449 Building. The Generator following conditions: (a) Tenant shall be placed at a location at comply with all Laws and Requirements and shall obtain, and deliver to Landlord written evidence of, any approval(s) required under any Laws or Requirements or recorded covenants or restrictions applicable to the 9449 Building designated by Property and copies of all permits and approvals therefor. (b) Tenant and reasonably approved by shall obtain Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable 's prior approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of specifications for the Generator; , such approval not to be unreasonably withheld. Tenant shall enclose and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of screen the Generator and concrete pad on which it will be located in a manner satisfactory to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and ProjectLandlord. Tenant shall be solely responsible for obtaining pay all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that costs associated with the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanlinessscreening, maintenance and removal repair of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around reasonable costs Landlord may incur for professional or contractor review and approval. (c) Tenant shall comply with the Generatorprovisions of Sections 9(b)(i) through (iv) of this lease. (d) At least 3 business days prior to installation or removal, in good condition Tenant shall notify Landlord of the date and repairtime of the installation or removal. Tenant shall install or remove the Generator only if Landlord has had such opportunity to be present with Tenant at the installation or removal. (e) Tenant shall maintain the Generator in a safe, good and orderly condition. The installation, maintenance, repair and removal of the Generator shall be performed at Tenant's sole expense in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, any portion of the Property. (f) The Generator will remain Tenant's property throughout the Term of the lease and, no later than the expiration or sooner termination of the Term, at Tenant's sole expense, Tenant shall remove the Generator and all wiring therefrom to and through the Building and repair any resulting damage, including without limitation, damage to landscaping or paving, or, at Landlord's option, Tenant shall also be responsible for restoring all affected areas to the condition existing prior to the execution of this lease. Tenant shall comply with all Laws and Requirements in connection with the removal of the Generator and shall deliver to Landlord copies of all required permits and approvals in connection with such removal. (g) Tenant's indemnification of Landlord pursuant to Section 15 of this lease also applies to the Generator and Tenant's use of any portion of the Property therefor. Without limiting the foregoing, Tenant solely shall be responsible for performing any maintenance damage or injury caused by or in any way relating to the Generator, including, but not limited to, damage or injury to persons or property, including the Property, caused by reason of any leaking of fuel therefrom. (h) In the event the cost of Landlord's insurance on the Building is increased as a result of the installation of the Generator, Tenant shall pay for the increase in such insurance as set forth in subsection 7(c)(iv) of this lease. EXHIBIT "A-1" ▇▇▇▇0 NW 8th Street ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇) EXHIBIT "A-2" 13650 NW 8TH STREET ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇) EXHIBIT "A-3" (MAP OF LOCATION) EXHIBIT "B" LEASE COMMENCEMENT CERTIFICATE The undersigned, as duly authorized officers and/or representatives of LIBERTY PROPERTY LIMITED PARTNERSHIP ("Landlord") and ________________________________ ("Tenant"), hereby agree as follows with respect to the Lease Agreement (the "Lease") between them for premises located at _____________________________________________ (the "Premises"): 1. DATE OF LEASE: ______________________, 20___ 2. COMMENCEMENT DATE: __________________, 20___ 3. EXPIRATION DATE: ____________________, 20___ 4. Rent and operating expenses due on or before the Commencement Date for the period from the Commencement Date until the first day of the next calendar month (Not applicable if the Commencement Date is the first day of the calendar month): APPORTIONED MINIMUM RENT: $____________ APPORTIONED OPERATING EXPENSES: $____________ TOTAL: $____________ Thereafter regular monthly payments due in the following amounts until adjusted in accordance with the Lease: MONTHLY RENT INSTALLMENT: $_____________ MONTHLY OPERATING PAYMENT: $_____________ TOTAL MONTHLY PAYMENT: $_____________ 5. Tenant certifies that, as of the date hereof, (a) the Lease is in full force and effect and has not been amended, (b) Tenant has no offsets or defenses against any provision of the Lease and (c) Landlord has substantially completed any improvements to any enclosure surrounding be performed by Landlord in accordance with the Generator so as to keep such enclosure in good condition. 4) Lease, excepting the Punch List items set forth on the Schedule attached hereto and initialed by Landlord and Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorif any. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease Agreement (NationsHealth, Inc.)

Emergency Generator. 1) During the Term as it applies Term, Tenant, at no additional charge payable to Landlord but otherwise at Tenant’s expense, and subject to the 9449 Expansion Space, provisions of this Lease and such reasonable rules and procedures as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall may be placed at a location at the 9449 Building designated by Tenant and reasonably approved imposed by Landlord. Notwithstanding , may use, in its current location(s), the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval entirety of the manner in which system containing the Generator is installed, the manner in which any cables are run to and from the Generator to generator that serves the Premises and is located outside the measures that will be taken Building (collectively, the “Emergency Generator”). The Emergency Generator is accepted by Tenant in its condition and configuration existing on the date hereof, without any obligation of Landlord to eliminate perform or pay for any vibrations repairs or sound disturbances from alterations to the operation Emergency Generator, and without any representation or warranty regarding the condition of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments Emergency Generator or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide its suitability for Tenant’s business or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectuse. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for pay the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost costs of all utilities consumed and utility connections required in the operation of the Emergency Generator. 2, together with the costs of installing such meter(s) as may be necessary to measure such consumption. The areas in which the Emergency Generator is located shall be used only for the operation and maintenance of the Emergency Generator and kept reasonably free of debris. The Emergency Generator shall remain Landlord’s property. Tenant shall be responsible for assuring ensure that the installation, maintenance, repair, its operation and removal maintenance of the Emergency Generator does shall not damage the 9449 Premises, Building or Project and Tenant shall be responsible for any damages caused therebycomply with all applicable Laws. For avoidance of doubtTo the maximum extent permitted by Law, the installation, maintenance, operation, repair or removal Tenant’s use of the Emergency Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendmentsole risk. Tenant shall repair any damage caused by use and maintain the Emergency Generator in such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner as to avoid any unreasonable interference with any other tenants of the Project or LandlordLandlord or any occupants of adjacent property. Tenant agrees Any alterations to maintain the GeneratorEmergency Generator or the areas in which the Emergency Generator is located shall be governed by Sections 7.2 and 7.3 of this Lease. Tenant’s obligations under Section 7.1 of this Lease shall apply, including without limitation, any enclosure installed around to the Emergency Generator, all related equipment serving the Premises, and any cage or similar enclosure surrounding the Emergency Generator. The Emergency Generator shall be tested only at such times as Landlord shall reasonably approve, and all electricity generated by the Generator may be consumed only by Tenant in good condition and repairthe Premises. Tenant shall be responsible for performing have no right to assign its interest under this Section 9, or otherwise permit any maintenance and improvements other party to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant)Emergency Generator, without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants except in the Projectconnection with an assignment of this Lease permitted under Section 14 of this Lease.

Appears in 1 contract

Sources: Office Lease (Navidea Biopharmaceuticals, Inc.)

Emergency Generator. 1Tenant shall have the right, at its sole cost and expense, to install an emergency generator (the "Mpower Generator") During the Term as it applies in a location designated by Landlord, subject to the 9449 Expansion Spacefollowing: a. Tenant shall first obtain such governmental approvals, authorizations and permits as extended from time are required to timeinstall and operate the Mpower Generator. b. All plans and specifications for the installation of the Mpower Generator and its connection to the demised premises must be approved, in advance, by Landlord. The installation of the Mpower Generator shall be performed in a manner approved by Landlord. c. Tenant shall pay the entire cost of installing the Mpower Generator, including any modifications to the generator area required to accommodate and screen the Mpower Generator. d. Tenant shall maintain the Mpower Generator and any related equipment, at its sole cost and expense, in good order and condition and will repair any damage to the Building and/or any other equipment caused by the Mpower Generator and/or the installation thereof. Landlord shall not be liable to Tenant or to any other person for any loss or damage to the Mpower Generator regardless of cause, other than the negligence or acts of Landlord, its agents or employees. e. Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoingdiesel generator, Tenant’s right to install the Generator shall be subject to: provided (i) Landlord’s reasonable approval any fuel tank shall be located above ground and within the frame of the manner in which generator, (ii) Tenant shall install such spill protection and other tank monitoring devices as shall be required by governmental codes and regulations, (iii) Tenant shall provide Landlord with copies of all warranties and evidence of any testing required by law, and (iv) Tenant shall indemnify Landlord from and against any and all costs and liability arising from a leak from such fuel tank, including, without limitations, any clean-up costs. f. Upon the termination of the Lease, Tenant will have the right to remove the Mpower Generator, provided, (i) the Mpower Generator is installed, removed within thirty (30) days following the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation termination of the Generator; Lease, and (ii) the covenants, conditions and restrictions of record applicable Tenant shall repair all damage to the Project, architectural review and Building and/or any necessary approval other equipment caused by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Mpower Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease (Talk America Holdings Inc)

Emergency Generator. 1Tenant shall be permitted, at its sole cost and expense, to install an emergency generator powered by natural gas, not to exceed .49 inches x 123 inches x 64 inches in dimension and 4,000 pounds (the "Emergency Generator") During on the Term roof of the Building, in the location described on Exhibit N attached to this Lease and incorporated herein by reference. The exact specifications of the Emergency Generator, and the method of installing the Emergency Generator on the roof, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed. Tenant shall use Landlord's roof contractor for the installation of the Emergency Generator. Tenant's use of the Emergency Generator shall be upon all of the conditions of the Lease, except as it applies modified below: (a) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing all necessary connections (the "Generator Connections") between the Emergency Generator and the Premises. In addition to complying with the 9449 Expansion Space, as extended from time to timeapplicable construction provisions of this Lease, Tenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord's prior written approval, which approval will not be unreasonably withheld or delayed, of Tenant's plans and specifications for the right placement and installation of the Generator Com1ections, and (y) Tenant shall have obtained and delivered to install a supplemental emergency generator Landlord copies of all required govenunental and quasi-govennnental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Generator Connections. Upon written request of Tenant, Landlord shall inform Tenant at the time of its review of the Generator Connections whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease. (b) Tenant shall have no obligation to pay Annual Fixed Rent, Tax Excess or Operatil,lg Expense Excess in respect of the “Generator”Emergency Generator or the Generator Connections. (c) to provide emergency additional electrical capacity to the 9449 Building. The Emergency Generator shall be placed at a location at used solely to provide back-up power in the 9449 Building designated by Tenant event of an outage for Tenant's lights and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner pings and business equipment in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and dedicated heating, ventilation and air conditioning systems serving the measures Premises, but not for the purposes of running any life-safety systems or equipment (it being understood and agreed that will be taken such dedicated HVAC systems may not function during such an outage, even if connected to eliminate the Emergency Generator, to the extent that the base building systems are not functioning). (d) Landlord shall have no liability to Tenant for the installation and subsequent operation of the Emergency Generator. (e) Landlord shall have no obligation to provide any vibrations or sound disturbances from sezyices to the Emergency Generator. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 8.30, arrange for all utility services required for the operation of the Emergency Generator; . (f) Tenant shall, at its sole cost and (ii) the covenantsexpense, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental · maintenance and regulatory permits repair to the Emergency Generator and approvals and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the GeneratorEmergency Generator with a service provider reasonably acceptable to Landlord. 2(g) Tenant shall be responsible for assuring that have no right to make any changes, alterations, signs, or other improvements to the installation, maintenance, repair, operation and removal of Emergency Generator or the Generator does Connections without Landlord's prior written consent, which consent shall not damage the 9449 Building be unreasonably withheld or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Leasedelayed. 3(h) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal cost ofrepairing any damage to the Bnilding or the Property cansed by its use of the Emergency Generator and appurtenances, the Generator Connections. (i) Except for assignees of this Lease or subtenants of all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as or a portion of the 9449 Extended Expiration Date Premises, no other person, firm or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removalentity (including, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around other tenants, licensees or occupants of the Generator, in good condition and repair. Tenant Building) shall be responsible for performing any maintenance and improvements have the right to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject connect to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Emergency Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorother than Tenant. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Sublease Agreement (Care.com Inc)

Emergency Generator. 1) During To the Term as it applies to the 9449 Expansion Space, as extended from time to timeextent legally permitted, Tenant ------------- ------------------- shall have the right a non-exclusive license (which shall not be assignable except in conjunction with an assignment of this Lease) to install in the parking garage serving the Project, in a supplemental location identified on the Landlord-approved Tenant's plans, one emergency generator (with a power rating not exceeding 250 kilowatts) and one above-ground diesel fuel storage tank (with a capacity not exceeding 465 gallons), along with the “Generator”) lines and conduits reasonably necessary to provide emergency additional electrical capacity to connect the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator generator to the Premises and (collectively, the measures that will be taken to eliminate any vibrations or sound disturbances from "Generator Equipment"). Tenant shall perform the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such mattersinstallation in accordance with Landlord's guidelines. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the The installation of the Generator may have on Equipment shall be completed in a workmanlike manner and in accordance with all applicable laws and regulations. Tenant shall be required to screen the appearance of the 9449 Building and ProjectGenerator Equipment, at Tenant's expense, in a manner acceptable to Landlord, unless otherwise agreed to in writing by Landlord. Tenant shall be solely responsible for obtaining paying all necessary governmental costs and regulatory permits expenses related to the installation of the Generator Equipment, and approvals and shall indemnify Landlord for any costs which Landlord might incur due to Tenant's installation of the cost of installing, operating, maintaining, repairing and removing the GeneratorGenerator Equipment. Tenant shall also be responsible for cause its general liability and casualty policies to cover the Generator Equipment. Upon the expiration or termination of this Lease, Tenant shall remove the Generator Equipment at Tenant's sole cost of all utilities consumed and utility connections required in expense, and shall restore the operation integrity of the Generator. 2parking garage and repair (in a manner acceptable to Landlord) Tenant shall be responsible for assuring that any damage to the installation, maintenance, repair, operation and Project caused by the removal of the Generator does not damage Equipment; and, if Tenant fails to remove the 9449 Building or Project and Tenant same, then the Generator Equipment shall be responsible deemed abandoned, and Landlord may cause the same to be removed, and the Project to be repaired, at Tenant's expense, which expense shall be considered Additional Rent. If the real estate taxes or insurance premiums for any damages caused thereby. For avoidance the Building are increased as a result of doubt, the installation, maintenance, operation, repair or removal installation of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Equipment, then Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at pay its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching share of any holes such increase directly attributable to matchsuch installation upon receipt of adequate documentation. Notwithstanding the terms of this Section 12.07, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so Landlord makes no representations as to keep whether any such enclosure in good conditionGenerator Equipment is presently permitted under the current zoning ordinance to which the Project is subject. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Deed of Lease (Nettel Communications Inc)

Emergency Generator. 1) During the Term as it applies Subject to the 9449 Expansion Space, as extended from time to timeprovisions of this Section 4.7, Tenant shall have the right to install in the Building’s parking garage (at a supplemental emergency generator location to be determined by Landlord) an Emergency Generator (the “Emergency Generator”) to provide emergency ), and such transfer switches, feeders, switchboards, appurtenances and/or additional electrical capacity equipment, as may be necessary to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of service to the 9449 BuildingPremises, consistent with the specifications for the Emergency Generator (“Additional Electrical Equipment”), all in accordance with plans approved under Exhibit “B” hereto and all for the provision of electricity to the Premises in the event electricity is not otherwise available to the Premises. The All costs in connection with the installation, operation, use, maintenance, repair and removal of the Emergency Generator shall be placed at a location at the 9449 Building designated by Tenant sole responsibility of, and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: paid by, Tenant (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures provided that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord Tenant shall have the right to require Tenant apply such costs against the Improvement Allowance or Additional Improvement Allowance, as and to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence extent provided in Exhibit B). All costs of the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenant, at its sole expense, to install, operate, use, maintain, repair and remove the Emergency Generator and to minimize any adverse effect the Additional Electrical Equipment, provided that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, use, repair, cleanlinessmaintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by Tenant, and a condition to Tenant’s operation, use, repair, maintenance and removal of the Emergency Generator and appurtenancesthe Additional Electrical Equipment: i. Installation, operation, use, repair, maintenance and removal must meet all Regulations (as defined below), including all federal, state and local licensing requirements and be in compliance with all applicable building and fire codes, including any required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of which shall remain the personal property of Tenant other tenants. iii. Installation operation, use, repair, maintenance and removal shall be removed conducted by Tenant at its own expense as licensed contractors approved by Landlord. iv. The Emergency Generator must be confined to the designated space in the parking area approved by Landlord and may not interfere with any other parking spaces for the Building. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The color, size and aesthetics of the 9449 Extended Expiration Date Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator or any earlier expiration appurtenant wiring or termination of Tenant’s right to possession cable adversely affect any of the 9449 Expansion Space in accordance with mechanical, electrical, life-safety, structural or other systems of the Lease and this AmendmentBuilding. viii. Tenant shall remove the Emergency Generator at the end of the Term, and shall repair any damage to the University Project that is caused by such removalthe operation, including the patching of any holes to matchuse, as closely as possiblerepair, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain removal of the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Emergency Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Maxim Pharmaceuticals Inc)

Emergency Generator. 1) During Commencing on the Term as it applies to the 9449 Third Expansion Space, as extended from time to timeCommencement Date, Tenant shall have the right to install a supplemental emergency connect to the back-up generator serving the 900 Building (the "900 Generator"), for Tenant’s Share of the 900 Generator’s capacity available to the 900 Building for use by tenants (after accounting for Building System and Common Area requirements) to provide emergency additional electrical capacity back-up generator services to the 9449 BuildingThird Expansion Premises. The Generator shall be placed at a location at During the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoingThird Expansion Term, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental maintain the 900 Generator in good condition and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for one hundred percent (100%) of the costs of such maintenance and repair. Notwithstanding the foregoing, Landlord shall not be liable for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal whatsoever resulting from any failure in operation of the 900 Generator, or the failure of the 900 Generator shall be subject to provide suitable or adequate back-up power to the indemnity provisions set forth Third Expansion Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in Section 10.3 each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Third Expansion Premises and any and all income derived or derivable therefrom. Tenant's obligations with respect to the Third Expansion Premises, including the insurance and indemnification obligations, shall apply to Tenant's use of the Lease. 3) 900 Generator and Tenant shall be responsible for carry industry standard Boiler and machinery insurance covering the installation, operation, repair, cleanliness, maintenance and removal of 900 Generator during the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Third Expansion Space in accordance with the Lease and this AmendmentTerm. Tenant shall repair any damage caused maintain all required permits in connection with the 900 Generator throughout the Third Expansion Term, and upon the expiration of the Third Expansion Term shall leave the 900 Generator in place, shall transfer to Landlord all permits maintained by such removal, including Tenant in connection with the patching 900 Generator during the Third Expansion Term concurrent with the surrender of any holes the Third Expansion Premises to match, Landlord as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, required hereunder in good condition operating and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionworking order, with all permits current. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease (Revolution Medicines, Inc.)

Emergency Generator. 1(a) During the Term as it applies Tenant, at its sole cost and expense and subject to the 9449 Expansion Spaceterms of this Lease, as extended from time to time, Tenant shall have the right to install a supplemental install, operate and maintain an emergency generator and related equipment (collectively, the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a precise location at as shown on Exhibit H attached hereto and made a part hereof. Tenant shall install, operate and maintain the 9449 Building designated by Tenant emergency generator in accordance with all federal, state and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which local laws and regulations and with any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the protective covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all any necessary governmental and regulatory permits and approvals licenses required to install, operate and for maintain the cost of installing, operating, maintaining, repairing emergency generator and removing the Generatorshall provide copies thereof to Landlord. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation Prior to installation of the Generator. 2) , Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal provide Landlord with a certificate of insurance on behalf of the Generator does not damage installer reasonably satisfactory to Landlord. Tenant, at Tenant’s sole cost and expense, shall install screening around the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtGenerator, the installationsize, maintenancelocation, operation, repair or removal design and manner of the Generator which shall be subject to the indemnity provisions set forth written approval of Landlord. Tenant shall at all times keep the Generator and the surrounding area in Section 10.3 of the Leasea clean and orderly condition. 3(b) Tenant Tenant, at its sole cost and expense, shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of removing the Generator and appurtenancesthe screening surrounding the Generator and for restoring the Building and/or Common Areas affected by the Generator and screening to their original condition after such removal, normal wear and tear excluded. Tenant agrees, within thirty (30) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of which the terms and conditions set forth herein. If Tenant fails to remove the Generator and screening surrounding same from the Building or Common Areas upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided above, the Generator and screening surrounding same shall remain the personal property of be deemed abandoned by Tenant and shall be removed by Tenant become the property of Landlord, or Landlord may remove the same at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of expense. (c) In addition, commencing on the 9449 Expansion Space in accordance with the Lease and this Amendment. Generator installation date, Tenant shall repair any damage caused by such removalobtain a policy of liability insurance, including the patching or endorsements to Tenant’s policy or policies of any holes to matchliability insurance, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference covering pollution liability with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionlimits of not less than $3,000,000. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Sciquest Inc)

Emergency Generator. 1) During the Term as it applies Landlord agrees that, subject to the 9449 Expansion Spaceprovisions of this Article any the requirements of any applicable laws, as extended from time to timerules or regulations, Tenant shall have the right to install may install, operate and maintain a supplemental diesel powered emergency generator in and for the Demised Premises (the “Emergency Generator”) to provide emergency additional electrical capacity to the 9449 Building). The specific type and model of Emergency Generator shall to be placed at a installed by Tenant, its location at within the 9449 Building designated by Tenant Demised Premises, and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator it is installed, shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld, conditioned or delayed. The Emergency Generator shall be installed in a soundproof enclosure, in compliance with the manner in which provisions of Article 8 and all other applicable provisions of this Lease regarding Alterations. Prior to installing the Emergency Generator, Tenant shall obtain and deliver to Landlord (a) a report from a reputable structural engineer indicating that such installation shall have no adverse impact (other than to a de minimis extent) on the Building or its systems, and (b) a report from a reputable acoustical engineer indicating that such installation shall have no adverse impact (other than to a de minimis extent) on any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations other tenant or sound disturbances from the operation occupant of the Generator; Building. Licensee shall (i) maintain the Emergency Generator in a safe condition, in accordance with all governmental regulations pertaining thereto and insurance requirements, and (ii) operate the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Emergency Generator and to minimize any adverse effect in accordance with all technical specifications relating thereto so that the installation same shall operate within accepted margins of performance criteria. Any fuel stored for the Emergency Generator may have on the appearance shall be stored by Tenant in accordance with all environmental regulations and other codes, ordinances and statutes pertaining thereto and shall be subject to approval of the 9449 Building Licensor with respect to location and Projectmeans and method of storage, which approval shall not be unreasonably withheld or delayed. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all any electricity or other utilities consumed and utility connections required by Tenant in connection with the operation of the Emergency Generator. 2) Tenant , which electricity shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and redistributed to Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space on a submetering basis in accordance with the Lease and provisions of Article 3 of this AmendmentLease. Tenant shall maintain and operate the Emergency Generator (including any testing of same) in compliance with all applicable laws, rules and regulations, and in a manner that does not interfere with any other tenant or occupant of the Building. Any testing of the Emergency Generator shall be done only after Business Hours at times that are reasonably approved in advance by Landlord. Upon the expiration or sooner termination of the term of this Lease, unless Landlord elects otherwise in writing, Tenant shall remove the Emergency Generator and any associated equipment and shall repair any damage caused by such removalthereby, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator which restoration and appurtenances were attached. Such maintenance and operation repair work shall be performed effected in a manner to avoid any unreasonable interference accordance with any Article 8 and all other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionapplicable provisions of this Lease regarding Alterations. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease Agreement (Shutterstock, Inc.)

Emergency Generator. 1) During the Term as it applies Subject to Landlord's approval, which shall not be unreasonably withheld, delayed or conditioned, and subject to the 9449 Expansion Spaceterms, as extended from time to timecovenants and conditions of this Section 6.5 and Article 8 of this Lease, Tenant shall have may install, for Tenant's own use and at Tenant's sole cost and expense, but without the right to install payment of any Rent or a supplemental license or similar fee or charge, an emergency generator and related equipment (all such equipment defined collectively as the "Emergency Generator") to provide emergency additional electrical capacity in, on or adjacent to the 9449 BuildingBuilding (such location to be determined in conjunction with Landlord and Landlord's reasonable requirements). The location, physical appearance, size and use of the Emergency Generator shall be placed subject to Landlord's reasonable approval, and Landlord may require Tenant to install screening around such Emergency Generator, at a location at the 9449 Building Tenant's sole cost and expense, as reasonably designated by Tenant and reasonably approved by Landlord. Notwithstanding Tenant shall maintain such Emergency Generator at Tenant's sole cost and expense. In the foregoing, Tenant’s event Tenant elects to exercise its right to install the Generator Emergency Generator, then Tenant shall be subject to: give Landlord no less than ninety (i90) Landlord’s reasonable approval of days prior written notice thereof. Tenant shall reimburse to Landlord the manner actual costs reasonably incurred by Landlord in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the approving such Emergency Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require that Tenant remove such Emergency Generator upon the expiration or earlier termination of this Lease and repair any damage to provide a reasonably acceptable enclosure (e.g. wood fencing the Building caused by such removal and landscaping) to hide or disguise return the existence affected portion of the Generator and Premises to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projecta building standard tenant improved condition as determined by Landlord. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Such Emergency Generator shall be subject installed pursuant to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance plans and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted specifications approved by Landlord, shall have unlimited access to the which approval will not be unreasonably withheld. Such Emergency Generator shall, in all instances, comply with applicable governmental laws, codes, rules and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorregulations. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (Anacomp Inc)

Emergency Generator. 1) During Landlord acknowledges that Tenant may be -------------------- installing an emergency generator in the Term as it applies basement of the Adjacent Building (the "EMERGENCY GENERATOR"). Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install and maintain connections between Landlord's electrical systems in the Building and the Emergency Generator. Any such installations shall at all times be installed and maintained in accordance with applicable law. Landlord shall cause the Building, at Landlord's expense, to be designed to accept such connections from the Emergency Generator. Such connections to the 9449 Expansion Spaceemergency generator shall be used by Tenant only during (i) testing and regular maintenance, as extended from time to time, and (ii) the period of any electrical power outage in the Project. Tenant shall have be entitled to operate the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity Emergency Generator and such connections to the 9449 Building. The Generator shall be placed Building for testing and regular maintenance only upon notice to Landlord and at a location at the 9449 Building designated by Tenant and times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Emergency Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's Systems and Equipment are not materially and adversely affected by the installation and operation of the Emergency Generator. All repairs and maintenance of the Emergency Generator and connections thereto shall be the sole responsibility of Tenant, and Landlord makes no representation or warranty with respect to such Emergency Generator. At Landlord's option, upon the termination of this Lease and the Adjacent Building Lease, Landlord may require that Tenant remove the Emergency Generator and all related facilities and repair all damage -6▇- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] to the Project resulting from such removal, at Tenant's sole cost and expense. Notwithstanding the foregoing, Tenant’s right during any Option Term when Tenant no longer leases the Adjacent Building, Tenant shall continue to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require maintain the Emergency Generator in the Adjacent Building, provided that during such time Tenant shall pay rent on the space dedicated to provide the Emergency Generator at a reasonably acceptable enclosure (e.g. wood fencing and landscaping) rate equal to hide or disguise the existence Dead Storage Annual Rental Rate. During such time, the Emergency Generator shall be deemed to be a part of the Generator and to minimize any adverse effect that the installation Premises for purposes of the Generator may have on the appearance indemnification and insurance provisions of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installingthis Lease, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtmaintain, the installationat Tenant's cost, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Leaseindustry standard "boiler and machinery" insurance coverage with respect thereto. 3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Lease (21st Century Insurance Group)

Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right to install a supplemental install, maintain and repair an emergency generator (the "Generator") to provide emergency additional electrical capacity on the Property at the location shown on Exhibit "J" attached hereto, under and subject to the 9449 Building. The Generator following conditions: (a) Tenant shall be placed at a location at comply with all Laws and Requirements and shall obtain, and deliver to Landlord written evidence of, any approval(s) required under any Laws or Requirements or recorded covenants or restrictions applicable to the 9449 Building designated by Property and copies of all permits and approvals therefor. (b) Tenant and reasonably approved by shall obtain Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable 's prior approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of specifications for the Generator; , such approval not to be unreasonably withheld. Tenant shall enclose and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of screen the Generator and concrete pad on which it will be located in a manner satisfactory to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and ProjectLandlord. Tenant shall be solely responsible for obtaining pay all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Tenant shall be responsible for assuring that costs associated with the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease. 3) Tenant shall be responsible for the installation, operation, repair, cleanlinessscreening, maintenance and removal repair of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around reasonable costs Landlord may incur for professional or contractor review and approval. (c) Tenant shall comply with the Generatorprovisions of Sections 9(b)(i) through (iv) of this lease. (d) At least 3 business days prior to installation or removal, in good condition Tenant shall notify Landlord of the date and repairtime of the installation or removal. Tenant shall install or remove the Generator only if Landlord has had such opportunity to be present with Tenant at the installation or removal. (e) Tenant shall maintain the Generator in a safe, good and orderly condition. The installation, maintenance, repair and removal of the Generator shall be performed at Tenant's sole expense in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, any portion of the Property. (f) The Generator will remain Tenant's property throughout the Term of the lease and, no later than the expiration or sooner termination of the Term, at Tenant's sole expense, Tenant shall remove the Generator and all wiring therefrom to and through the Building and repair any resulting damage, including without limitation, damage to landscaping or paving, or, at Landlord's option, Tenant shall also be responsible for restoring all affected areas to the condition existing prior to the execution of this lease. Tenant shall comply with all Laws and Requirements in connection with the removal of the Generator and shall deliver to Landlord copies of all required permits and approvals in connection with such removal. (g) Tenant's indemnification of Landlord pursuant to Section 15 of this lease also applies to the Generator and Tenant's use of any portion of the Property therefor. Without limiting the foregoing, Tenant solely shall be responsible for performing any maintenance damage or injury caused by or in any way relating to the Generator, including, but not limited to, damage or injury to persons or property, including the Property, caused by reason of any leaking of fuel therefrom. (h) In the event the cost of Landlord's insurance on the Building is increased as a result of the installation of the Generator, Tenant shall pay for the increase in such insurance as set forth in subsection 7(c)(iv) of this lease. ▇▇▇▇▇▇▇ "▇-▇" #▇▇▇▇ 13630 NW 8TH STREET ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇) EXHIBIT "A-2" #1003 13650 NW 8TH STREET ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇) EXHIBIT "A-3" (MAP OF LOCATION) EXHIBIT "B" LEASE COMMENCEMENT CERTIFICATE The undersigned, as duly authorized officers and/or representatives of LIBERTY PROPERTY LIMITED PARTNERSHIP ("Landlord") and _______________("Tenant"), hereby agree as follows with respect to the Lease Agreement (the "Lease") between them for premises located at ______________________________________(the "Premises"): 1. DATE OF LEASE: _______________________, 20___ 2. COMMENCEMENT DATE: _______________________, 20___ 3. EXPIRATION DATE: _______________________, 20___ 4. Rent and operating expenses due on or before the Commencement Date for the period from the Commencement Date until the first day of the next calendar month (Not applicable if the Commencement Date is the first day of the calendar month): APPORTIONED MINIMUM RENT: $____________ APPORTIONED OPERATING EXPENSES: $____________ TOTAL: $____________ Thereafter regular monthly payments due in the following amounts until adjusted in accordance with the Lease: MONTHLY RENT INSTALLMENT: $_____________ MONTHLY OPERATING PAYMENT: $_____________ TOTAL MONTHLY PAYMENT: $_____________ 5. Tenant certifies that, as of the date hereof, (a) the Lease is in full force and effect and has not been amended, (b) Tenant has no offsets or defenses against any provision of the Lease and (c) Landlord has substantially completed any improvements to any enclosure surrounding be performed by Landlord in accordance with the Generator so as to keep such enclosure in good condition. 4) Lease, excepting the Punch List items set forth on the Schedule attached hereto and initialed by Landlord and Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorif any. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Lease Agreement (NationsHealth, Inc.)

Emergency Generator. 1) During the Term as it applies Subject to the 9449 Expansion Space, as extended from time following provision: Subject to timethe provisions hereinafter provided, Tenant shall have the right right, at no additional charge, to install place a supplemental emergency generator (and fuel supply on the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed Lot, at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s sole cost and expense. Subject to all applicable law, matters of title and the consent of Landlord and the first floor tenant, not to be unreasonably withheld, conditioned or delayed, Tenant has the right to install the Generator same. The size and location of the installation shall not be unreasonably withheld or delayed by Landlord. All installations shall be subject to: (i) Landlord’s reasonable approval in accordance with sound construction practices, and in accordance with applicable law, and in a good and workmanlike manner, and shall not materially interfere with other tenants of the manner in which Building or Park or decrease the Generator is installed, number of parking spaces on the manner in which Lot. The cost of any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation environmental review of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord proposed equipment shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Projectbe at Tenant’s expense. Tenant shall be solely responsible for obtaining indemnify, defend and hold Landlord harmless from and against any and all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation liability or loss arising (except as a result of the Generator. 2negligence or willful misconduct or Landlord, its agents, employees or contractors) Tenant shall be responsible for assuring that from or out of the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair use or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 such generator and fuel supply. Upon expiration of the Lease. 3) Term, Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator same and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Tenant shall repair for repairing any damage caused therefrom. This Section shall survive the expiration or earlier termination of this Lease. Note: Some items may be installed by such removalTenant’s contractors prior to Commencement Date ▇▇▇▇▇ Relocation Project Schedule I. CLEANING A. Building Lobbies and Common Areas 1. Entrance doors and partition glass to be cleaned nightly. Wipe down frames and fixtures as needed. 2. Remove entrance mats and clean sand and dirt from pits and floors, including the patching of any holes clean and replace mats nightly. 3. Floors to match, as closely as possible, the color surrounding the area where the Generator be swept and appurtenances were attachedwashed nightly. Such maintenance and operation shall be performed in Maintain a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good conditionhigh luster finish following manufacturer’s specifications. 4) Tenant. Walls to be dusted and spot cleaned as necessary, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generatorthoroughly washed twice a year. 5) Tenant shall only test the Generator before or after normal business hours. Empty and wipe clean trash receptacles nightly including exterior smoker’s stations. 6. Dust, with treated cloth, security desks, window ▇▇▇▇▇, directory frames, planters, etc., nightly. 7. Clean director glass nightly. 8. Vacuum all carpeted areas nightly, treat and spot clean stains, clean fully as needed. 9. Vinyl tile floors to be dry mopped nightly, spot washed with clean water as needed and spray buffed weekly. 10. Sweep all stairwells in building nightly and keep in clean condition, washing same as necessary. 11. Do all high dusting (not reached in nightly cleaning) Notwithstanding anything in this Amendment or quarterly, which includes the Lease following: (a) Dust all pictures, frames, charts, graphs and similar wall hangings. (b) Dust exposed piped, ventilation and air conditioning grilles, louvers, ducts and high molding, as needed. 12. Clean and maintain luster on ornamental metal work as needed within arm’s reach. 13. Dust all drapes and blinds as needed. 14. Wash and disinfect drinking fountains using a non-scented disinfectant nightly. Polish all metal surfaces on the unit nightly. 15. Strip and wax all resilient tile floors yearly. 16. Shampoo all common area carpets at additional contract price at least once per year. B. Lavatories — Nightly 1. Empty paper towel receptacles, bag and transport waste paper to the contrarydesignated area, Tenant may use the Generator for its intended purpose as disinfect receptacle and when needed (as reasonably determined by Tenant)add new liner. 2. Empty sanitary napkin disposal receptacles, without any restriction or hindrance from Landlord or any other tenantbag and transport waste, subject only to applicable Laws disinfect receptacle and unreasonable disturbances to other tenants in the Projectadd new liner. 3. Refill toilet tissue, hand towel dispensers, and sanitary napkin dispensers. 4. Scour, wash and disinfect all basins, bowls and urinals using non-scented disinfectants.

Appears in 1 contract

Sources: Lease Agreement (Zoran Corp \De\)

Emergency Generator. 1(a) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right right, at its sole cost and expense and subject to install a supplemental the terms of this Lease, to install, operate and maintain an emergency generator (the “Generator”) to provide emergency additional electrical capacity to outside of the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: provided that (i) Landlord’s reasonable approval the design and precise location of the manner in which the Generator is installedreasonably satisfactory to Landlord, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenantsTenant’s installation, conditions operation and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence maintenance of the Generator is in accordance with all applicable federal, state and to minimize any adverse effect that local laws and regulations, all protective covenants encumbering the installation of the Generator may have on the appearance of the 9449 Building Building, and Projectthis Lease. Tenant shall be solely responsible for obtaining all any necessary governmental and regulatory permits and approvals and licenses required for the installation, operation and maintenance of the Generator. Prior to installation of the Generator, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation of the Generator, Tenant shall, at Tenant’s sole cost and expense, install screening surrounding the Generator. The size, location, design and manner of installingthe installation of the screening surrounding the Generator shall be subject to the prior written approval of Landlord, operatingwhich approval shall not be unreasonably withheld or delayed. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition. (b) Tenant agrees, maintainingwithin thirty (30) days after written notice from Landlord, repairing to remove the Generator and removing screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. Upon the expiration or earlier termination of the Lease Term, Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the cost of all utilities consumed and utility connections required in the operation of the Generator. 2) Building and/or common areas to their original condition after such removal. If Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of elects not to remove the Generator does not damage and screening surrounding same from the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubtcommon areas, the installation, maintenance, operation, repair upon expiration or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 earlier termination of the Lease. 3, or after expiration of the thirty (30) Tenant shall be responsible for the installationday notice period provided herein, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which screening surrounding same shall remain the personal property of be deemed abandoned by Tenant and shall be removed by Tenant become the property of Landlord or Landlord may remove the same at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space expense. Any provision in accordance with the Lease and this Amendment. notwithstanding, Tenant shall repair indemnify and hold harmless Landlord from and against any and all liability for any loss of or damage caused by such removal, or injury to any person (including the patching of any holes to match, as closely as possible, the color surrounding the area where death resulting therefrom) or property connected with or arising from the Generator and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants screening surrounding same or Landlord. the rights granted Tenant agrees to maintain the Generatorherein, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. 4) Tenant, subject unless due to the reasonable rules and regulations enacted by negligence of the Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installingemployees, operatinginvitees, repairing, maintaining, using and removing the Generatoragents or contractors. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Industrial Lease Agreement (Cellstar Corp)

Emergency Generator. 1(a) During In connection with the Term as it applies to Permitted Use, set forth in Article 1 of the 9449 Expansion SpaceLease, as extended from time amended by Section 1 of the First Amendment, Tenant, at Tenant’s sole cost and expense, shall be permitted to timeinstall, Tenant shall have store and use an emergency generator and any applicable or associated, pipes, conduits, units and/or tanks required for the right to install a supplemental storing of any generator materials and/or the operation of the emergency generator (the collectively, “Generator”) outside the Building in an area directly adjacent to provide emergency additional electrical capacity to Suite 130 in the 9449 Building. The Generator shall be placed at location specified on the site plan attached hereto as Exhibit “A” (the “Outside Areas”) on a location at the 9449 Building designated concrete pad built by Tenant and together with a secure, fenced, limited access, visual barrier reasonably approved by Landlord. Notwithstanding The Generator for purposes of the foregoingLease and Section 16 thereof, Tenant’s right to install the Generator shall be “Supplemental Equipment” and subject to: (i) Landlord’s reasonable approval to the terms thereof. The Outside Areas shall be deemed to be part of the manner in which Leased Premises. Tenant shall obtain all required governmental approvals and permits for the Generator is installed, the manner in which any cables are run to storage and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable Generator prior to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence commencement of the Generator installation work and Tenant shall continue to minimize any adverse effect that observe and maintain such operational approvals and permits throughout the Term. Landlord, at Landlord’s sole cost and expense, agrees to promptly upon Tenant’s request provide architectural drawings, relating to the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installingconcrete pad, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation as well as promptly perform within a reasonable time frame (so as not to delay Tenant’s installation of the Generator) any modifications (including removal, addition, regarding and replanting) to the existing landscaping. 2(b) Tenant shall be responsible for assuring that All work and alterations to the installation, maintenance, repair, operation and removal of Leased Premises and/or the Generator does not damage Outside Areas performed in connection with the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal installation of the Generator shall be subject to the indemnity provisions terms of the Lease, including, but not limited to, prior to the commencement of the installation work (i) Tenant’s receipt of Landlord’s written approval of the plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, (ii) Tenant’s receipt of all required governmental approvals and permits for the installation work, and (iii) Tenant’s reasonable satisfaction of all insurance requirements (including the naming of additional insureds to the contractor and subcontractor insurance policies as reasonably required by Landlord). Tenant shall provide Landlord with a schedule of the proposed installation work at least five (5) business days prior to the commencement of such work. Tenant shall not make any modifications, alterations or penetrations of the Building’s exterior or foundation without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and any such work shall be performed by contractors or subcontractors chosen by Landlord in its sole and absolute discretion, but subject to (1) Tenant’s reasonably requirements and specifications related to such contractors/subcontractors expertise, not only as to the installation of the Generator, but as necessary for the operation of Tenant’s business needs, and (2) Tenant’s reasonably approval of costs and expenses for such work. Any temporary alterations to the Building, Outside Areas or the Property, including, but not limited to, landscaping alterations, but subject to Landlord’s obligations as set forth in Section 10.3 10(a) above, shall be restored by Tenant, at Tenant’s sole cost and expense, to substantially the same condition as existed prior to the installation of the Lease. 3) Tenant Generator. The Generator as Supplemental Equipment shall be responsible for subject to Section 16.1 of the installation, operation, repair, cleanliness, maintenance Lease and at the expiration or earlier termination of the Lease or earlier removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in accordance with the Lease and this Amendment. Section 15.2 as an alteration that Landlord has instructed Tenant shall repair any damage caused by such removal, including the patching of any holes to matchremove. (c) Any Hazardous Materials, as closely as possibledefined in the Lease, stored or used on the color surrounding the area where Leased Premises in connection with the Generator and appurtenances were attached. Such maintenance and operation (“Generator Materials”) shall be performed permitted subject to Tenant’s obligation to comply with all Hazardous Materials laws, and Tenant’s obligation to specify the Generator Materials in a manner the annual Hazardous Materials management plan and the indemnification provisions of the Lease, shall apply to avoid any unreasonable interference with any other tenants or Landlord. Tenant agrees the Generator Materials. (d) Prior to maintain the Generator, including without limitation, any enclosure installed around installation of the Generator, in good condition and repair. connection with the pending installation of the Generator, at Landlord’s request, Tenant shall deliver to Landlord an updated Hazardous Materials management plan which shall include the estimated quantities of all Generator Materials to be responsible for performing any maintenance and improvements to any enclosure surrounding stored or used on the Generator so as to keep such enclosure in good conditionLeased Premises. 4) Tenant, subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its surrounding area for the purpose of installing, operating, repairing, maintaining, using and removing the Generator. 5) Tenant shall only test the Generator before or after normal business hours. 6) Notwithstanding anything in this Amendment or the Lease to the contrary, Tenant may use the Generator for its intended purpose as and when needed (as reasonably determined by Tenant), without any restriction or hindrance from Landlord or any other tenant, subject only to applicable Laws and unreasonable disturbances to other tenants in the Project.

Appears in 1 contract

Sources: Office Building Lease (NeoStem, Inc.)