Common use of Emergency Generator Clause in Contracts

Emergency Generator. A. Tenant shall have the right, subject to Landlord's weight stress, load bearing and ventilation requirements and at Tenant's sole cost and expense, to install and maintain an emergency generator and associated skid fuel tank in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such emergency generator and fuel tank. Additionally, subject to Landlord's prior written approval of plans and specifications relating thereto, which approval shall not be unreasonably withheld, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"). Tenant shall be responsible for all costs and expenses arising from and relating to the Generator Installation. The Generator Installation shall be in compliance with all applicable federal, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation and operation of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use and operation of the Generator Installation. B. Subject to Tenant's compliance with all applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after the expiration or earlier termination of the Term of this Lease, Landlord shall have the right, but not the obligation, to elect either (i) to remove the Generator Installation and/or the Backup Batteries at Tenant's cost and expense, and Landlord shall have no liability for the return of, or damage to, the Generator Installation and/or the Backup Batteries, or (ii) to treat the Generator Installation and/or the Backup Batteries as abandoned by Tenant.

Emergency Generator. A. Subject to the TCCs hereof and Applicable Laws, Tenant shall have the right, subject to Landlord's weight stress, load bearing and ventilation requirements and at Tenant's Tenant sole cost and expenseexpense but without any additional payment to Landlord, to install and maintain operate an emergency generator (the “Generator”) in an area designated by Landlord (the “Generator Area”), in order to provide emergency electricity service to the Premises. Landlord shall deliver, and associated skid fuel tank Tenant shall accept, the Generator Area in one 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 parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected Project by Landlord and Tenant. Tenant shall maintainor other tenants and/or occupants (including, at Tenant's sole cost and expensewithout limitation, a fence around such emergency generator and fuel tank. Additionally, subject to Landlord's prior written approval by means of plans and specifications relating thereto, which approval shall not be unreasonably withheld, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"noise or odor). Tenant shall be responsible for all costs maintenance and expenses arising from repairs in accordance with manufacturer specifications and relating compliance with Applicable Law obligations related to the Generator Installationand 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 Installation shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in compliance either Building. Tenant shall be entitled to operate the Generator, and such connections to either Building, for testing and regular maintenance at times reasonably approved by Landlord. Tenant shall comply with all applicable federal, state and local laws and ordinances and reasonable requirements imposed by Landlord so that the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. Tenant shall indemnify indemnify, defend, protect, and hold Landlord harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from and against any and all loss, cost, claim damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from Tenant's failure any cause related to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to or connected with the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance operation or repair of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with Generator, and/or any acts, omissions or impair negligence of Tenant or of any person claiming by, through or under Tenant's use, operation, maintenance or repair of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator Installationor any breach of the TCCs of this Article 22, Landlord reserves provided that the right TCCs of the foregoing indemnity shall not apply to lease space in the Project active negligence or willful misconduct of Landlord. In the event that Tenant shall fail to other tenants, as Landlord may desire, for any purpose, including comply with the installation and operation of a separate emergency generator. Notwithstanding any contrary provision contained requirements set forth herein, without limitation of Landlord’s other remedies, (i) Landlord shall have the right to relocateterminate Tenant’s rights with respect to the Generator, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use and operation of the Generator Installation. B. Subject to Tenant's compliance with all applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power and/or ("Backup Batteries"ii) in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after the expiration or earlier termination of the Term of this Lease, Landlord shall have the right, but not the obligation, to elect either (i) to remove the Generator Installation and/or the Backup Batteries at Tenant's ’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord. In the event the location of the Generator is in the parking facilities, then Tenant’s right to rent the number of parking passes set forth in Section 9 of the Summary shall be reduced by the number of parking spaces and Landlord partial parking spaces affected by the Generator; provided that Tenant shall have no liability be required to pay the prevailing rate for each of the parking spaces and partial parking spaces affected by the Generator at such times during the Lease Term that Tenant is otherwise required to pay for the return of, or damage to, the Generator Installation and/or the Backup Batteries, or (ii) renting of its parking passes pursuant to treat the Generator Installation and/or the Backup Batteries as abandoned by TenantArticle 28 below.

Emergency Generator. A. Tenant shall have the right(a) Tenant, subject to Landlord's weight stress’s review and approval of Tenant’s plans therefor, load bearing and ventilation requirements and at Tenant's sole cost and expense, shall have the right to install supplemental generator (the “Generator”) and maintain an emergency generator and associated skid above ground fuel tank in one (the “Tank”) to provide emergency additional electrical capacity to the Premises during the Term. The size of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord Generator and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such emergency generator and fuel tank. Additionally, the Tank as are subject to Landlord's ’s prior written approval of plans and specifications relating theretoapproval, which approval shall not be unreasonably withheld, Tenant conditioned or delayed. The Generator and the Tank are a part of and included in the Equipment. Tenant’s plans for the Generator and the Tank shall have include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Tank shall be placed upon the Equipment Area. Notwithstanding the foregoing, Tenant’s right to install such wirethe Generator and the Tank shall be subject to Landlord’s approval of the manner in which the Generator and the Tank is installed, conduitsthe 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 other materials as necessary to connect such emergency generator from the Generator to the Leased Premises (and the emergency generatormeasures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, skid fuel tank and connecting materialincluding, being collectively referred to as the "Generator Installation")without limitation, any necessary 2 hour rated enclosures or sound installation. Tenant shall be solely responsible for obtaining all costs necessary governmental and expenses arising from regulatory approvals and relating for the cost of installing, operating, maintaining and removing the Generator and the Tank. Notwithstanding anything herein to the Generator Installation. The Generator Installation shall be in compliance with all applicable federalcontrary, state and local laws and ordinances and if Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to does not install the Generator Installation in order to installand the Tank on or before December 31, operate2013, maintainor if Tenant, inspect and remove as requiredafter installation, removes the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of Tank from the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, Equipment Area for any purpose, including the installation and operation of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use and operation of the Generator Installation. B. Subject to Tenant's compliance with all applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after the expiration or earlier termination of the Term of this Lease, Landlord shall have the right, but not the obligation, to elect either (i) to remove the Generator Installation and/or the Backup Batteries at Tenant's cost and expense, and Landlord shall have no liability for the return of, or damage to, the Generator Installation and/or the Backup Batteries, or (ii) to treat the Generator Installation and/or the Backup Batteries as abandoned by Tenant.reasons other

Emergency Generator. A. 56.1 Landlord hereby grants to Tenant shall have an exclusive license (the right“Generator License”), subject to Landlord's weight stress, load bearing and ventilation requirements and at Tenant's ’s sole cost and expense, but otherwise without charge, to install install, operate, maintain and maintain use on the Land, in the location shown on Exhibit G, an emergency electrical generator and associated skid related equipment (collectively, the “Generator”), including, but not limited to, fuel tank storage and lines, electrical lines and electrical power connections and meters to service the Premises, subject to, and in one accordance with, the terms and conditions contained in Paragraph 13 above and this Paragraph 56. 56.2 The Generator License is subject to the following requirements: (a) The manufacturer of the parking spaces referenced Generator, the type, size, and quality of the Generator, the substance to be stored in Paragraph 1.S. the Generator, the precise location of this Leasethe Generator, at a location selected by Landlord all safety, monitoring, and Tenant. Tenant shall maintainrelated Generator equipment, at Tenant's sole cost the method and expensemanner of installation, a fence around such emergency generator and fuel tank. Additionallyall other matters material to the installation of the Generator, including, without limitation, all Building penetrations, are subject to Landlord's ’s prior written approval of plans and specifications relating theretoapproval, which approval shall not be withheld unless the Disapproval Conditions apply. (b) Tenant’s contractor for installation of the Generator shall be subject to Landlord’s prior approval (which approval will not be unreasonably withheld, Tenant delayed or conditioned) and such contractor must provide evidence of insurance reasonably satisfactory to Landlord prior to commencing work in or about the Building. (c) The Generator must be installed in a good and workmanlike manner and in accordance with all Applicable Laws, and in accordance with plans and specifications approved in advance by Landlord, which approval shall have not be withheld unless the right Disapproval Conditions apply. (d) Tenant, at its expense, shall at all times keep the Generator in good order, condition and repair, and the Generator location and the areas immediately surrounding same neat and clean. With respect to install such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"). Tenant shall be responsible for all costs and expenses arising from and operations relating to the Generator Installation. The Generator Installation shall be in compliance with all applicable federalGenerator, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against conduct its business in such manner as not to create any and all lossnuisance, costor interfere with, claim and liability arising from Tenant's failure to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with annoy or impair Tenant's use, operation, maintenance or repair disturb any other tenant of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with Building or impair Tenant's use, operation, maintenance or repair Landlord in its operation of the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation and operation of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall electBuilding; provided, however, that no such relocation may result to routinely run the Generator, in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use non-emergency circumstances, for purposes including, without limitation, testing, training, maintenance and operation of the Generator Installationrepair, and picking up utility company shed load shall not be considered an annoyance. B. Subject to (e) Tenant's compliance , at its sole cost and expense, shall comply with all Applicable Laws and restrictive covenants applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operationoperation and use of the Generator. Without limiting the generality of the foregoing, existence and/or Tenant shall be responsible for obtaining any building permits, and any licenses, consents, approvals or permits which may be required by any federal, state and local agencies or governmental authorities required for the installation, maintenance, operation and removal of the Generator Installation and/or Generator, shall provide copies of the Backup Batteriessame to Landlord, and shall, at all times during the term of the License, comply with all requirements of any such agency or authority. D. Upon (f) Tenant shall respond to any release of Hazardous Materials from the expiration or earlier termination Generator promptly after Tenant becomes aware of such release, regardless of the Term amount of this Leasethe release, and shall make all required governmental notifications in the event of a release. In addition, Tenant shall remove, if requested by Landlord, promptly notify Landlord of such release after Tenant becomes aware thereof. The provisions of Paragraph 7.2(a) shall be fully applicable to the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails Tenant’s activities with respect to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after the expiration or earlier termination of the Term of this Lease, Landlord shall have the right, but not the obligation, to elect either (i) to remove the Generator Installation and/or the Backup Batteries at Tenant's cost and expense, and Landlord shall have no liability for the return of, or damage to, the Generator Installation and/or the Backup Batteries, or (ii) to treat the Generator Installation and/or the Backup Batteries as abandoned by TenantLicense.

Emergency Generator. A. Landlord and Tenant hereby acknowledge that there is an existing generator currently serving the Expansion Premises, which existing generator shall not be made available for use by Tenant. In addition, there is an existing generator currently serving the Existing Premises which Landlord shall, at Landlord's sole cost and expense, remove and replace with an emergency generator (all such equipment defined collectively as the "Emergency Generator") to exclusively serve the Premises, which Emergency Generator shall be selected by Landlord and reasonably approved by Tenant. Tenant shall have the rightright to connect (provided that all Tenant shall be solely responsible for all costs incurred to connect the Premises to the Emergency Generator), subject all or any portion of the Premises to the Emergency Generator for up to 750KW of the electrical capacity provided by such Emergency Generator. In the event that any modification of the existing enclosure is required in connection with Landlord's weight stressinstallation of the Emergency Generator, load bearing and ventilation requirements and such modification work shall be completed by Landlord, but shall be at Tenant's sole cost and expense, to install expense and maintain an emergency generator and associated skid fuel tank in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such emergency generator and fuel tank. Additionally, subject to Landlord's prior written approval of plans and specifications relating thereto, which approval shall not be unreasonably withheld, Tenant shall have the right to install such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"). Tenant shall be responsible reimburse Landlord for all costs and expenses arising from and relating to the Generator Installation. The Generator Installation shall be in compliance with all applicable federal, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation and operation of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use and operation of the Generator Installation. B. Subject to Tenant's compliance with all applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after following receipt of an invoice therefor. In connection with the expiration or earlier termination installation of the Term of this LeaseEmergency Generator, Tenant hereby acknowledges that Landlord shall have not be required to make any modifications or improvements to the right, but not existing enclosure surrounding the obligation, to elect either (i) to remove existing generator. Tenant's use of the Emergency Generator Installation and/or the Backup Batteries shall be at Tenant's cost and expensesole risk, and Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the Emergency Generator. 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 maintenance of all applicable permits). Tenant hereby waives any claims against Landlord or any Landlord Parties resulting from Tenant's use of the Emergency Generator, or any failure of the Emergency Generator to operate as designed, and agrees that Landlord shall have no liability not be liable for any damages resulting from any failure in operation of the return ofEmergency Generator, including, without limitation any injury or damage to, the Generator Installation and/or the Backup Batteriesor interference with, Tenant'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 equipment, 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 Premises and any and all income derived or derivable therefrom. Tenant shall carry industry standard "Boiler and Machinery" insurance covering the Emergency Generator. Tenant shall not be charged any additional rental or other costs for the use of the location in which the Emergency Generator is located. Tenant shall surrender the Emergency Generator (iiand shall transfer to Landlord all permits maintained by Tenant in connection with the Emergency Generator during the Expansion Term) concurrent with the surrender of the Existing Premises to treat the Generator Installation and/or the Backup Batteries Landlord as abandoned by Tenantrequired hereunder in good operating and working order, with all permits current.

Emergency Generator. A. Landlord grants Tenant shall have the right, subject right to Landlord's weight stress, load bearing and ventilation requirements and at Tenant's sole cost and expense, to install and maintain an emergency generator and associated skid fuel tank in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintainInstall, at Tenant's sole cost and expense, a fence around such as part of the construction of the Tenant Improvements or at any time thereafter, an emergency generator in the location shown on Exhibit G-4 attached to this Lease together with supplemental fuel lines and related connections to the Building (collectively, the" Generator'l Any fuel tankcontainer used in connection with the Generator must be maintained by Tenant above-ground and in compliance with all applicable legal requirements. Additionally, The plans and specifications for the Generator and its installation shall be subject to Landlord's prior written approval of plans and specifications relating theretoapproval, which approval shall not be unreasonably withheld, and Landlord may condition same upon the construction by Tenant shall have of an enclosure reasonably acceptable to Landlord to screen the right to install such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation")Generator. Tenant All work shall be responsible for all costs performed by a contractor approved by Landlord and expenses arising from in accordance with Landlord's construction rules and relating to the Generator Installationinsurance requirements. The Generator Installation shall be in compliance with all applicable federal, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure deemed to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair be a part of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair Premises for purposes of the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation indemnification and operation insurance provisions of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's sole expense, the Generator Installation to another location in the Project, as Landlord shall electthis Lease; provided, however, that no such relocation may result in Tenant shall not be charged any additional cost or expense to Tenant or have any detrimental effect on Tenant's use rent therefor. Repair and operation maintenance of the Generator Installation. B. Subject to shall be the sole responsibility of Tenant. At Landlord's compliance with all applicable governmental lawsoption, rules and regulations, Landlord may require that Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any remove the Generator and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon related facilities upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, and repair all damage to the Generator Installation and Building resulting from the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries within thirty (30) days after the expiration installation or earlier termination removal of the Term of this LeaseGenerator, Landlord shall have the rightreasonable wear and tear and damage caused by casualty excepted, but not the obligation, to elect either (i) to remove the Generator Installation and/or the Backup Batteries at Tenant's sole cost and expense. The Generator shal be used by Tenant only during tesUng, regular maintenance and Landlord shall have no liability for periods of electrical power outage or power reduction in the return of, or damage to, the Generator Installation and/or the Backup Batteries, or (ii) to treat the Generator Installation and/or the Backup Batteries as abandoned by TenantBuilding.

Emergency Generator. A. Tenant shall have the right, subject (a) Subject to Landlord's weight stress, load bearing and ventilation requirements and at Tenant's sole cost and expense, to install and maintain an emergency generator and associated skid fuel tank in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such emergency generator and fuel tank. Additionally, subject to Landlord's ’s prior written approval of plans the design and specifications relating thereto, therefor (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right to install such wireright, conduits, cables at its sole cost and other materials as necessary to connect such emergency generator expense (except to the Leased Premises (extent to which the emergency generatorinstallation cost thereof is paid through the Landlord’s Allowance), skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"). Tenant shall be responsible for all costs and expenses arising from and relating to the Generator Installation. The Generator Installation shall be in compliance with all applicable federal, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintainrepair, inspect maintain and remove as requiredreplace a back-up generator reasonably necessary for Tenant’s use (and the use of any permitted subtenants) of the Premises for the Permitted Use, including natural gas or fuel supply and tank reasonably necessary therefor (not to exceed applicable code requirements), and all reasonably necessary cabling and related appurtenances (collectively, the “Generator”), in a location on the roof of the East Wing of the Building or elsewhere in or around the Building or the Parking Facilities, in all events as agreed upon by the parties. If the Generator Installationis to be located on the roof of the Building (i) the Generator shall be screened from view in a manner reasonably acceptable to Landlord (at Tenant’s sole cost and expense) and (ii) all work relating to the Generator to be performed on or affecting the roof of the Building shall, except when at Landlord’s request, be coordinated with Landlord’s roofing contractor so as not to void any warranty for the roof. (b) No Rent shall be charged to Tenant for the area to be occupied by the Generator and the areas required to connect the Generator to the appropriate locations within the Premises (but if the Generator occupies any parking spaces in the Parking Facilities, such spaces shall reduce the Parking Allotment by the number of such occupied spaces). Tenant will be solely responsible for all utility charges incurred with respect to the Generator, as separately metered (at Tenant’s expense). (c) Except to the extent the Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of the Generator and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date(s) Tenant’s proposed plans and specifications relating to the installation, operation and use of the Generator and all associated lines. Tenant may not commence any work to install a Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and restrictive covenants affecting the Property and Landlord’s reasonable safety and security requirements of Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's usedirectives relating to the installation, operation, maintenance and repair of the Generator, including, but not limited to (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits required for the installation, operation, maintenance and repair of the Generator, (ii) implementing spill prevention control and countermeasures and containment plan(s) (as required by federal, state, or local regulations) or best management practices plan(s), (iii) providing evidence of insurance covering such facilities, and (iv) maintaining and inspecting such facilities and related equipment and keeping records related thereto. Tenant will maintain and repair the Generator in good operating condition throughout the Term, at Tenant’s sole cost and expense. Any replacement (excluding insured casualty), all maintenance and repair of the Generator Installation. Subject to Landlord's obligation not to unreasonably interfere and all governmental compliance required in connection with or impair Tenant's use, operation, maintenance or repair of the Generator Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation will be Tenant’s sole responsibility and operation of a separate emergency generator. Notwithstanding any contrary provision contained herein, Landlord shall have the right to relocate, at Landlord's Tenant’s sole cost and expense, the Generator Installation to another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any additional cost or expense to Tenant or have any detrimental effect on Tenant's use and operation of the Generator Installation. B. Subject to Tenant's compliance with all applicable governmental laws, rules and regulations, Tenant may install sealed batteries for backup power ("Backup Batteries") in a location approved by Landlord. C. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or loss of all property arising or alleged to arise the installation, maintenance, operation, existence and/or removal of the Generator Installation and/or the Backup Batteries. D. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall remove, if requested by Landlord, the Generator Installation and the Back-up Batteries and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to remove the Generator Installation and/or the Backup Batteries commence such maintenance and repair within thirty (30) days (unless an emergency exists, in which event Tenant shall promptly commence such curative work and thereafter diligently prosecute the same to completion) after written notice from Landlord and thereafter diligently prosecutes the same to completion, then Landlord may elect to perform such maintenance at Tenant’s sole cost and expense. Upon Landlord’s request, Tenant will promptly provide Landlord with copies of all records relating to (i) the installation, operation, maintenance and repair of the Generator, and (ii) the compliance of the Generator with any applicable Legal Requirements. (d) Tenant may not use the Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Generator. Tenant may not use the Generator to serve other occupant(s) of the Property. This provision does not modify Tenant’s permitted use of the Premises, and does not relieve Tenant of any environmental liability under this Lease. (e) At any time within ninety (90) days prior to the expiration of the Term, or earlier termination of the Term of this Lease, Landlord may, at Tenant’s cost and expense, cause a qualified environmental consultant reasonably acceptable to Landlord and Tenant to perform an environmental investigation to determine whether a release of any Hazardous Materials has occurred during the Term of this Lease with respect to the Generator. Within thirty (30) days following the expiration of the Term or the earlier termination of this Lease, Tenant may elect (but shall have the right, but not the obligation, to elect either (ibe required) to remove the Generator, but if Tenant elects to do so, Tenant shall promptly (i) remove the Generator Installation and/or (and any related fuel tanks, conduit, fuel lines, cabling and other appurtenances associated therewith), (ii) restore the Backup Batteries affected areas to their original condition prior to the installation of the Generator, in accordance with plans and specifications reasonably acceptable to Landlord and all applicable Legal Requirements, and (iii) repair any damage to the Premises or the Property caused by the removal of the Generator. Tenant shall perform any required environmental remediation for the release of any Hazardous Materials in connection with the Generator caused by Tenant or any Tenant Party during the Term of this Lease in accordance with applicable Legal Requirements, all at Tenant's ’s sole cost and expense. If the environmental investigation performed by the environmental consultant as provided above confirms the release of any Hazardous Materials caused by Tenant or any Tenant Party in connection with the Generator, Tenant must thereafter perform any clean up or remediation required by applicable Legal Requirements and in accordance with applicable Legal Requirements, and Landlord shall have document with a report prepared by a qualified environmental consultant reasonably approved by Landlord, evidencing either no liability impact to soil and groundwater exceeding state cleanup criteria for the return ofuse of the site, or damage tothat any impacted soil or groundwater has been remediated in a manner and to a level meeting the applicable state cleanup criteria, together with any applicable state assurance or closure. (f) Tenant will promptly report to Landlord any spill or release and any written citations or notices of violation of any Legal Requirements received by Tenant in connection with the Generator Installation and/or Generator, and will provide Landlord with copies thereof. Such notification to Landlord will not relieve Tenant from its obligations to notify governmental agencies. Any cleanup or remediation will be completed by Tenant in accordance with applicable Environmental Laws and in a manner and to a level meeting the Backup Batteriesapplicable state cleanup criteria, together with any applicable state assurance or closure. (iig) Tenant shall make annual inspections, at Tenant’s expense, to treat ensure regulatory compliance and the Generator Installation and/or proper operation, maintenance and repair of the Backup Batteries as abandoned by TenantGenerator, and will forward copies of such inspection reports to Landlord promptly following receipt of Landlord’s written request(s) therefor.