Common use of Emergency Generator Clause in Contracts

Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator System”) as provided in this Section 9.9. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (b) Tenant shall pay Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “EPS Fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date, irrespective of whether or not emergency power is ever required or used by Tenant, in an amount equal to the product of (A) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premises. At Landlord’s option, the EPS Fee shall be payable in monthly, quarterly, or annual installments, and in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in the supply of electric current to the Premises, and under no other circumstances. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.9. (d) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term of this Lease, upon not less than thirty (30) days prior written notice to Tenant, to relocate any of the generators comprising the Generator System to other areas of the Building, or to substitute different or additional generators for those comprising the Generator System as of the date hereof. Tenant shall cooperate with Landlord to effectuate any such relocation or substitution affecting the Generator System.

Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator System”) as provided in this Section 9.9. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (b) Tenant shall pay Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “EPS Fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date, irrespective of whether or not emergency power is ever required or used by Tenant, in an amount equal to the product of (A) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premises. At Landlord’s option, the EPS Fee shall be payable in monthly, quarterly, or annual installments, and in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in the supply of electric current to the Premises, and under no other circumstances. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.9. (d) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term of this Lease, upon not less than thirty (30) days prior written notice to Tenant, to relocate any of the generators comprising the Generator System to other areas of the Building, or to substitute different or additional generators for those comprising the Generator System as of the date hereof. Tenant shall cooperate with Landlord to effectuate any such relocation or substitution affecting the Generator System.

Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) provide 800 amperes of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator SystemGenerator”) as provided in this Section 9.99.6. * CONFIDENTIAL TREATMENT REQUESTEDLandlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONTenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “EPS Feefee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration DateDate of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in an the amount equal of $100.00 per ampere per year, subject to the product of (Aincrease pursuant to Section 9.6(c) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premisesbelow. At Landlord’s option, the The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in monthly, quarterly, or annual installments, and advance in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in equal monthly installments on the supply first day of electric current to each month during the Premises, and under no other circumstancesTerm. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.99.6. (dc) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term For purposes of this Lease, upon not less than thirty (30i) days prior written notice the term “CPI” means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if the CPI or any successor index shall cease to Tenantbe published, to relocate any of Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the generators comprising the Generator System to other areas of the Buildingterm “CPI Fraction” means, or to substitute different or additional generators for those comprising the Generator System as of each January 1st during the date hereofTerm (an “Adjustment Date”), a fraction (A) the numerator of which is the sum of (I) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. Tenant If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall cooperate with Landlord be increased as of such Adjustment Date to effectuate any such relocation or substitution affecting an amount equal to the Generator Systemproduct of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c).

Emergency Generator. (a) Landlord shall make up available to 2,000 kilowatts (kW) Tenant for use in the Premises 350 amperes of 460/480460-volt emergency electric power service (“"EPS”") available to Tenant for use in the Premises from the Building Building's emergency electric generator system (collectively, the “Generator System”"Generator") as provided in this Section 9.99.12, for the balance of the Term. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONLandlord shall install (i) an automatic transfer switch (the "Transfer Switch"), in the Premises at a location to be reasonably designated by Tenant, sufficient to supply a total connected load of up 350 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. (b) Tenant shall pay Landlord for EPS as follows: (i) Tenant shall pay the all actual costs and expenses incurred by Landlord in making EPS available to the Premises, including the actual costs to furnish and install a transfer switch, if required, the Transfer Switch and all cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator SystemTransfer Switch, within thirty ten (3010) days after demand by Landlord; and (iiA) Tenant shall pay an annual fee (the “"EPS Fee”") for the period commencing on the date on which Landlord makes EPS available to the Premises but not earlier than January 1, 2000 through the Expiration Date, irrespective of whether or not emergency power is ever required or used by Tenant, in an the amount equal to the product of (A) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premises$150.00 per ampere per year. At Landlord’s option, the The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in monthly, quarterly, or annual installments, and advance in all cases shall be payable within thirty (30) days after demand by Landlordequal monthly installments on the first day of each month during the Term in which EPS is made available to Tenant pursuant to this Section 9.12. (c) Landlord shall supply Tenant understands and agrees that EPS will be supplied to Tenant only if there is an interruption or failure in the supply of electric current to the PremisesPremises due to service failure or in connection with customary, routine testing of Tenant's electrical systems and under no other circumstances. . (d) Tenant shall be responsible for the payment of any occupancy tax, or tax and any other tax (other than Landlord’s 's income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.99.12. (de) Tenant shall not transfer or assign the right to receive The privilege of using the EPS service described in this Section 9.9 9.12 cannot be transferred or assigned by Tenant except in connection with an assignment of this Lease consented to by Landlord as and to permitted under Sections 13.1, 13.10 or 13.11, or otherwise with the extent required under Article 13express written consent of Landlord, which may be withheld in Landlord's sole discretion, and under no circumstances shall can this right privilege be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (ef) Landlord shall have the right, in Landlord’s 's sole discretion, at any time and from time to time during the term of this LeaseEPS Term, upon not less than thirty (30) days days' prior written notice to Tenant, to relocate any of the generators comprising the Generator System to other areas another area of the Building, or and/or to substitute different or additional generators for those comprising the Generator System as another Building generator in lieu of the date hereofGenerator, in either case at Landlord's expense. Tenant shall cooperate with Landlord to effectuate any such relocation or substitution affecting of the Generator, provided that Landlord shall promptly reimburse any reasonable out-of-pocket expenses incurred by Tenant in connection therewith. (g) Upon and subject to the provisions of this Lease, Landlord shall, at Landlord's expense, maintain and repair the Generator Systemin accordance with the manufacturer's recommendations and good industry standards, and shall maintain such service contracts and take such other actions as may be necessary in Landlord's reasonable judgment to keep the Generator in good working order during the EPS Term; provided, however, so long as Landlord shall comply with its obligations pursuant to this subsection (g), Landlord shall not be liable in any way to Tenant for any delay, interruption, failure, variation or defect in or with regard to the Generator or EPS. In no event shall Landlord be liable to Tenant for special, indirect or consequential damages which may result from any such delay, interruption, failure, variation or defect.

Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) provide 200 amperes of 460/480-volt emergency electric power service (“"EPS”") available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator System”"Generator") as provided in this Section 9.99.6. * CONFIDENTIAL TREATMENT REQUESTEDLandlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant's sole cost and expense (i) an automatic transfer switch (the "Transfer Switch"), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of 200 amperes of EPS at 460 volts to the Premises. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONand (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “"EPS Fee”") for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration DateDate of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in an the amount equal of $100.00 per ampere per year, subject to the product of (Aincrease pursuant to Section 9.6(c) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premisesbelow. At Landlord’s option, the The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in monthly, quarterly, or annual installments, and advance in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in equal monthly installments on the supply first day of electric current to each month during the Premises, and under no other circumstancesTerm. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s 's income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.99.6. (dc) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term For purposes of this Lease, upon not less than thirty (30i) days prior written notice the term "CPI" means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., l982-84=100; provided, however, that if the CPI or any successor index shall cease to Tenantbe published, to relocate any of Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the generators comprising the Generator System to other areas of the Buildingterm "CPI Fraction" means, or to substitute different or additional generators for those comprising the Generator System as of each January 1st during the date hereofTerm (an "Adjustment Date"), a fraction (A) the numerator of which is the sum of (1) the CPI in effect on the immediately previous Adjustment Date (the "Base Index") plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. Tenant If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall cooperate with Landlord be increased as of such Adjustment Date to effectuate any such relocation or substitution affecting an amount equal to the Generator Systemproduct of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c).

Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) provide 600 amperes of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator SystemGenerator”) as provided in this Section 9.99.8. * CONFIDENTIAL TREATMENT REQUESTEDLandlord shall install, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of 600 amperes of EPS at 480 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONTenant shall pay to Landlord a one-time connection fee an amount equal to Landlord’s actual costs for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “EPS Fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration DateDate of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in an the amount equal of $150.00 per ampere per year, subject to the product of (Aincrease pursuant to Section 9.8(c) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premisesbelow. At Landlord’s option, the The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in monthly, quarterly, or annual installments, and advance in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in equal monthly installments on the supply first day of electric current to each month during the Premises, and under no other circumstancesTerm. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.99.8. (dc) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term For purposes of this Lease, upon not less than thirty (30i) days prior written notice the term “CPI” means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if the CPI or any successor index shall cease to Tenantbe published, to relocate any of Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the generators comprising the Generator System to other areas of the Buildingterm “CPI Fraction” means, or to substitute different or additional generators for those comprising the Generator System as of each January 1st during the date hereofTerm (an “Adjustment Date”), a fraction (A) the numerator of which is the sum of (1) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. Tenant If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall cooperate with Landlord be increased as of such Adjustment Date to effectuate any such relocation or substitution affecting an amount equal to the Generator Systemproduct of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.8(c).