Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 4 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
Generator. Subject to the provisions of this Section 29.361.4, Tenant shall be entitled have the right to install, operate maintain, repair, replace and maintain a generator use, at no additional charge, an emergency generator, related connections, and any other equipment related theretoan appropriately sized ancillary fuel storage tank or similar above-ground fuel storage compartment (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next ), in a location reasonably designated by Landlord, taking into consideration the specifications of Tenant’s generator, on the roof of the Building in a portion of the area shown on Exhibit 1.4, attached, as reasonably designated by Landlord, that Landlord will be making available to Tenant (subject to the Building at provisions of Article 18) and other tenants for rooftop equipment. Tenant’s use of the Generator shall be upon all of the conditions of the Lease, except as modified below:
(i) Tenant shall be responsible, at its sole cost and expense expense, for installing the Generator. In no event shall Tenant be obligated to pay additional fixed annual rent for Tenant’s placement or use of the Generator. In addition to complying with Section 8.3, below, Tenant shall not install or operate the Generator until Tenant shall have obtained Landlord’s prior written approval of Tenant’s plans and specifications therefor, which approval by Landlord shall not be unreasonably withheld or delayed (without paying any additional fee or rental to and which approval may be given with the approval by Landlord of the plans for the use thereofFinish Work). Prior If Tenant determines that it is necessary to replace the Generator during the Term, Tenant shall obtain Landlord’s prior written approval of Tenant’s plans and specifications therefor, which approval by Landlord shall not be unreasonably withheld or delayed. At the expiration or earlier termination of the Lease the Generator shall become the property of Landlord, unless and to the installation extent Landlord instructs Tenant in writing at least one hundred eighty (180) days prior to the expiration of the Lease that Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of the Lease. If Landlord instructs Tenant to remove the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of remove the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, all related conduits and maintenance of the Generator; and Tenant shall install, maintain and operate other equipment serving the Generator in accordance with all federal, state, the provisions of this Lease and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining shall repair any and all permits, approvals and licenses required damage caused by such removal to install and operate the Generator by Landlord’s reasonable satisfaction.
(ii) Landlord shall have no obligation to provide any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required services to remove the Generator, any associated cabling, wiring and screening or other improvements. provided Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) have the right to use connect the Generator to existing base building utility systems and to connect to the utility systems serving the Premises through conduits between the roof and the Premises installed by Tenant, subject to Landlord’s right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 1.4, arrange for the metering and distribution of all utility services required for the operation of the Generator.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Generator without Landlord’s prior written consent (consent, which consent may shall not be granted unreasonably withheld or withheld in Landlorddelayed.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Building or Property caused by the installation, use and removal of the Generator.
(v) Except for assignees of Tenant or subtenants of all or a portion of the Premises, no other person, firm or entity shall have the right to connect to the Generator other than Tenant.
(vi) To the maximum extent permitted by law, Tenant’s discretion). Upon reasonable advance notice use of the Generator shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Generator is damaged for any reason.
(vii) In addition to the indemnification obligations of Tenant set forth in this Lease including those contained in Section 9.4, below, Tenant shall, to the maximum extent permitted by law and provided except to the extent arising from the negligence or willful misconduct of Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transitionor any Landlord Parties (as defined below), indemnify, defend and hold Landlord shall be entitled and the Landlord Parties harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation or other entity arising from the installation, use or removal of the Generator, except to cause the Generator to be moved to another location near extent caused by the Buildingnegligence of Landlord or any of its employees, contractors, managers or agents. Tenant shall, at Landlord’s its sole cost and expense, secure the approvals of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals for the Generator, and shall provide Landlord with copies of such approvals and permits prior to commencing any work with respect thereto. In addition, Tenant shall pay be solely responsible for all personal property taxes on costs and expenses in connection with the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the use of Hazardous Materialsmaintenance, shall apply to the use and operation removal of the Generator. FinallyThe Generator will be maintained by Tenant in good working order and condition during the Term (as defined below). In connection therewith, Tenant’s insurance obligations under Section 10.3 Tenant shall provide Landlord with evidence on an annual basis of the Lease existence of a maintenance contract for the Generator with a service provider reasonably acceptable to Landlord. Tenant shall apply have access to those portions of the Building and the Property on which the Generator is located for the purposes of inspecting, repairing, maintaining and replacing the same, subject in all events to Landlord’s reasonable rules and regulations regarding such access (it being understood and agreed, without limiting the generality of the foregoing, that access to the Generatorrooftop of the Building is controlled by Landlord).
Appears in 3 contracts
Sources: Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.)
Generator. Subject Landlord agrees to the provisions of this Section 29.36permit Tenant, Tenant shall be entitled at Tenant’s sole cost and expense, to install, operate and maintain a generator and related facilities and equipment (collectively, the “Generator”) in a location to be mutually agreed upon by Landlord and Tenant. The plans and specifications for the Generator shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall install the Generator in a good and safe manner in accordance with the terms and conditions of the Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install the Generator. Landlord shall have the right to have a representative present at the installation of the Generator in order to approve the methods of installation and performance thereof. The Generator shall be screened in a manner and design acceptable to Landlord in its sole but reasonable discretion. Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of the Generator from state, federal and other governmental authorities and shall provide copies of all such approvals to Landlord prior to installation and operation of such Generator. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, including all environmental laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building. Tenant hereby agrees to indemnify Landlord from and against any other equipment related theretobreach by Tenant of the obligations stated in the preceding sentence, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, a fuel systemdiminution in value of the Building, wiring damages for the loss or restriction or use of rentable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, sums paid in settlement of claims, reasonable attorneys’ fees, consultant fees and shaft space (“expert fees) which arise during or after the Term of this Lease as result of such breach. In addition, Tenant shall indemnify, defend and hold Landlord, its principals, officers, directors, agents, employees and servants harmless from and against any liability, loss, costs, claims, damage and expense of whatever kind arising directly or indirectly from the installation, operation, maintenance, repair, and removal of such Generator”) next to , including, but not limited to, reasonable attorneys’ fees and court costs, except where such liability, loss, costs, claims, damage or expense arises directly from the Building gross negligence or willful misconduct of Landlord, its principles, officers, directors, agents, employees and servants. At the expiration or earlier termination of the Lease, at Landlord’s option, the Generator shall be removed from its location at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior Tenant shall restore such area to the installation condition existing prior to such installation, and any damage caused by such removal shall be repaired at Tenant’s sole cost. If Landlord has required Tenant to remove the Generator and Tenant fails to so remove the Generator within ten (10) days of the Generatortermination of this Lease, Tenant shall inspect the proposed location hereby authorizes Landlord to determine a suitable location for the Generator, remove and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) dispose of the Generator to Landlord and charge Tenant for its review all costs and written approvalexpenses incurred. Tenant agrees that Landlord shall not be solely responsible liable for any property disposed of or removed by Landlord pursuant to the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant immediately preceding sentence. Tenant’s obligations hereunder shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon survive the expiration of or earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 3 contracts
Sources: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)
Generator. Subject Landlord has provided Tenant with a screened generator pad (the “Generator Pad”) in the location shown on Exhibit I to the provisions of this Section 29.36Lease, together with stubbed conduits to the Building. Tenant shall be entitled have the right to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense and prior to the date the Data Center is operational, an electricity generator (without paying any additional fee the “Generator”) of a size and type approved in writing by Landlord in advance, such approval not to be unreasonably withheld, conditioned or rental delayed, on the Generator Pad. Tenant, at Tenant’s sole cost and expense, shall install a containment system reasonably acceptable to Landlord to contain the leakage or flow of oil, fuel or other Hazardous Substances from the Generator (if and to the extent the containment structure currently existing as part of the Generator Pad is not sufficient for the use thereofGenerator). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, type and size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Additionally, in the event the existing screening for the Generator Pad is insufficient for the Generator, Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate installing such additional screening as may be necessary to adequately conceal the Generator in accordance with all federal, state, plans and local laws, statutes, ordinances, rules specifications prepared by Tenant and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required approved in writing in advance by Landlord. Landlord shall permit Tenant to install wires and operate similar appurtenant facilities underground in the existing conduit between the location of the Generator and the Building and in the Building-Specific Common Areas (including using the Building’s risers, conduits and towers, subject to reasonable space limitations and Landlord’s requirements for use of such areas, for purposes of installing cabling from the Generator to the Premises), provided (i) such installation shall be completed pursuant to plans and specifications approved in writing in advance by Landlord and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in the Lease. In the event the noise from the Generator creates a substantial nuisance and/or distraction to other tenants within the Building (if applicable), the ▇▇▇▇▇▇ Building or in other locations in the Business Park, Tenant agrees to use commercially reasonable efforts to cooperate with Landlord, at Tenant’s cost, in seeking a reasonable solution to the noise containment of the Generator (it being understood that Landlord shall apply any governmental authority having jurisdictionnoise containment standards and requirements consistently to all other similarly situated tenants in the Business Park, taking into consideration relevant factors, such as location in the Business Park and proximity to other tenants, other buildings and other uses that are sensitive to noises created by generators). If Landlord and Tenant are unable to agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator solution within thirty (30) days of receipt of notice the date Landlord notifies Tenant that the noise from the Generator is creating a substantial nuisance and/or distraction, either Landlord which includes proof of or Tenant shall be entitled to submit such increase disagreement to be settled by arbitration in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 Charlotte, North Carolina, in accordance with the then-prevailing Expedited Arbitration provisions of the Lease, relating American Arbitration Association or its successor for arbitration of real estate-related disputes. The installation of the Generator shall otherwise be subject to the use terms and conditions of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.6.1
Appears in 2 contracts
Sources: Lease (Premier, Inc.), Lease (Premier, Inc.)
Generator. Subject (a) Landlord agrees to allow Tenant to use a portion of the Land for an emergency electrical generator (the "Generator") and enjoy 24-hour access thereto at a location to be reasonably designated by Landlord (the "Generator Area"), and Tenant's obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease.
(b) Tenant shall install the Generator in the Generator Area at its sole cost and expense, in accordance with all of the applicable provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, Lease (including, without limitation, a fuel system, wiring and shaft space (“Generator”) next Section 5.9). Landlord shall not be obligated to perform any work or incur any expense to prepare the Building at Generator Area for Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the 's use thereof.
(c) Tenant shall not install or operate the Generator until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation, Section 5.9). Prior to the installation of the Generatorcommencing such installation, Tenant shall inspect provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease. Landlord may withhold approval if the installation 50 or operation of the Generator reasonably would be expected to damage the structural integrity of the Building. Tenant agrees to reimburse Landlord for reasonable and actual expenses incurred in connection with the review and approval of Tenant's plans showing the proposed installation of the Generator.
(d) Tenant covenants that (i) Tenant shall installrepair any damage caused by the installation or operation of the Generator, maintain (ii) the installation and operate operation of the Generator at or near the Building shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building and (iii) the installation, existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with the use and enjoyment of the premises of any other tenant in the Building.
(e) Tenant covenants and agrees that the installation, operation and removal of the Generator will be at its sole risk, except for Landlord's negligence or willful misconduct, or that of its agents, contractors or employees. Tenant agrees to indemnify and defend Landlord and all other Indemnitees (as defined in Section 5.5) against all claims, actions, actual and punitive damages, liabilities and expenses including reasonable attorney's fees incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation, or removal of the Generator by Tenant or its transferee, including any liability arising out of Tenant's violation of its obligations under paragraph (d) of this Section (except if such liability is caused by the negligence or willful misconduct of Landlord or its employees, agents, or contractors).
(f) Within fifteen (15) days following the expiration or earlier termination of the Lease or the permanent termination of the operation of the Generator by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Generator in accordance with all federal, statethe terms hereof, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate (ii) leave the area in which the Generator by any governmental authority having jurisdictionwas located in good order, the area cleaned up, with all utilities capped. Landlord may, at Tenant's expense, require environmental testing by a consultant and with a scope of work reasonably acceptable to Landlord to determine if there has been a release of hazardous substances (as defined in Section 5.2) with respect to the use by Tenant of the Generator or the storage of any materials in connection therewith by Tenant. If the environmental report determines that an Environmental Condition (as hereinafter defined) exists in the vicinity of the Generator Area involving hazardous substances of the type used by Tenant, its agents, employees or contractors in connection with the Generator Area, and Tenant agree thatdoes not reasonably demonstrate that the Environmental Condition was caused by a party other than Tenant, upon the expiration of earlier termination of the Lease Termits agents, employees or contractors, then Tenant shall not further investigate and remediate the affected area and be required to remove the Generator, any associated cabling, wiring and screening or other improvementsresponsible for complying with all Environmental Laws in connection with such Environmental Condition. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under have the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (right, and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s 's election, the obligation, to perform at Tenant's sole cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation , baseline environmental testing of the Generator within thirty (30) days Area, the scope of receipt of notice from which shall be subject to Landlord's prior written review and approval, not to be unreasonably withheld. If Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.determines that additional environmental testing is
Appears in 2 contracts
Sources: Office Lease (Storagenetworks Inc), Office Lease (Storagenetworks Inc)
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate operate, and maintain a generator and any other equipment related theretoone or more generators (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next to the Building at Tenant’s sole cost and expense and connect same to the electrical and other systems serving the Leased Premises (without paying any additional fee or rental to Landlord for the use thereof). Prior The Generator shall be installed in the Outside Supporting Equipment Area. If Tenant elects to install and maintain a Generator as part of the Tenant Improvements, Tenant may construct and install at Tenant’s expense (subject to application of the Allowance) a concrete generator pad and containment area for fuel filling operations, with permanent screening (the “Generator Pad”) and underground connections to utility gas lines, if practicable. If subsequent to the installation completion of the Tenant Improvements Tenant elects to install and maintain a Generator, Tenant shall inspect may install the proposed location to determine a suitable location for the GeneratorGenerator Pad, and Tenant shall submit written plans and specifications relative subject to the type, size and proposed location (including any proposed screening) terms of the Generator to Landlord for its review and written approvalthis Section 16.22. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain maintain, and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, Applicable Laws including without limitation, obtaining and maintaining any and all permits, approvals approvals, and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord shall reasonably assist and cooperate with Tenant, at no out-of-pocket expense to Landlord (unless reimbursed), to obtain any required licenses or permits relating to the installation and operation of the Generator. In connection with Tenant’s installation of the Generator, Landlord shall permit Tenant agree thatto install wires, upon conduits, and similar appurtenant facilities in the Building (including using the Building’s risers, conduits, and towers, subject to reasonable space limitations and Landlord’s reasonable requirements for use of such areas, for purposes of installing cabling from the Generator to the Building) to connect the Generator with Tenant’s equipment in the Leased Premises; provided, however, that (i) such installation shall be completed pursuant to plans and specifications approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in this Lease. Upon the expiration of or earlier termination of the Lease Term, the Generator and/or any and all associated lines, cables, wires, conduit, equipment, apparatus, and supplies used in connection with the operation and maintenance of the Generator, including without limitation any above-ground fuel storage tanks and all related equipment and facilities shall be left in place, and Tenant shall not be execute and deliver a ▇▇▇▇ of sale conveying such items to Landlord in its “as-is, where-is” condition without any warranties or representations as to condition or operational status, and such items shall become Landlord’s property, free and clear of any rights of Tenant or third parties claiming by, through or under Tenant. Landlord may perform a Phase I assessment in the area immediately surrounding the Generator, and if such Phase I assessment identifies any environmental contamination originating from Tenant’s use thereof, then Tenant shall reimburse Landlord for Landlord’s reasonable third-party costs, liability, claims, expenses or obligations with respect to the presence of such Hazardous Substances in such area and any and all required cleanup activities and/or remediation, within forty-five (45) days of Landlord’s written request therefor. Notwithstanding the foregoing, unless Tenant uses a portion of the Allowance (or Additional Allowance) to fund the acquisition and installation of the Generator, Tenant shall have the right to remove the Generator (provided Tenant also removes all associated lines, cables, wires, conduit, equipment, apparatus, and supplies used by Tenant in connection with the operation and maintenance of the Generator, including without limitation any associated cablingabove-ground fuel storage tanks and all related equipment and facilities) prior to the end of the Lease Term, in which event Tenant shall repair any damage to the Building and the Common Areas caused by such removal (including the installation of landscaping improvements) and shall cause all related fuel and other Hazardous Substances to be removed in accordance with all Environmental Laws. In addition, if Tenant removes the Generator or if Tenant ceases to occupy and pay Rent with respect to the entire Rentable Area of the Building, Tenant shall be responsible, at Tenant’s sole cost and expense, for any alterations or modifications that are required to the electrical distribution wiring and screening or other improvementssystems within the Building as a result of such removal. To the extent available and generally maintained by operators of similar generators in the general area of the Building, Tenant shall carry commercially reasonable pollution insurance relative to the Generator so long as the Generator remains in place, naming Landlord as an additional insured. Tenant shall not be entitled to grant or assign or lease to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)Permitted Transferee) the right to use operate the Generator without Landlord’s prior written consent (which consent may shall not be granted unreasonably withheld, conditioned or withheld in Landlord’s discretiondelayed). Upon reasonable advance notice to Tenant shall (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause i) operate the Generator only as reasonably necessary in Tenant’s good faith judgment (subject in all cases to be moved to another location near the Buildingterms and provisions of the next sentence); (ii) so long as the Generator remains in place, maintain, repair, and keep the Generator in good condition and repair, at LandlordTenant’s sole cost and expense; and (iii) pay for all operating costs for the same, including without limitation fuel and other operational requirements. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases Except in the real property taxes case of the Building due to the installation an emergency, power outage, or for testing and maintenance purposes, Tenant’s operation of the Generator within thirty (30e.g., for testing purposes) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating shall be limited to reasonable and customary intervals occurring after business hours to the use extent commercially practicable. The timing of Hazardous Materials, any such non-emergency operation shall apply be coordinated with Landlord to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorminimize any resulting interference with neighboring tenants.
Appears in 2 contracts
Sources: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)
Generator. Subject The Premises shall include an electrical generator pad pursuant to the provisions of this Section 29.36, Tenant additional terms outlined on Exhibit L hereto (the "Generator Pad"). The Generator Pad shall be entitled constructed by Tenant in accordance with plans approved in advance by Landlord, which plans shall include fencing and such curbing as is necessary to install, operate and maintain contain any fuel spill. Tenant may install on the Generator Pad a backup generator and any other equipment related theretofuel tank (collectively the "Generator"), includingthe make, without limitationmodel and design of which shall be subject to Landlord's prior approval, a fuel system, wiring which shall not be unreasonably withheld. The design and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) operation of the Generator to Landlord for its review and written approval. Tenant Generator Pad shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance such as to avoid material interference with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party tenants (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building whether due to the installation of the Generator within thirty (30vibration, noise, fumes, or otherwise) days of receipt of notice resulting from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. FinallyThe Generator shall be used only for periodic testing and in the event Tenant's primary electrical service is involuntarily interrupted. All testing shall take place at times reasonably selected to minimize interference with other tenants. The Generator shall be used only for backup power, Tenant’s insurance obligations under Section 10.3 and may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of the Lease Lease, including but not limited to Sections 6, 9 and 12, provided only that the square footage of the Generator Pad shall apply not be utilized in calculating the Premises Rentable Square Footage for the purpose of calculating Base Rent or allocating Common Expenses between the Premises and any larger parcel. All costs of maintenance, repairs, upgrades, licenses or other expenses arising directly or proximately from the Generator shall be borne by Tenant. Upon expiration or earlier termination of this Lease, Tenant shall remove all improvements and equipment from the Generator Pad and shall provide such studies or other information as is necessary to demonstrate to Landlord's reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereon. At the election of Landlord, Tenant shall further remove the Generator Pad itself and shall restore the area to a clean, paved condition, Failure of Tenant to remove all improvements and equipment from the Generator Pad and restore same to the Generatorextent directed by Landlord shall be deemed a holdover of the entire Premises until such removal is complete.
Appears in 2 contracts
Sources: Office Lease (Seattle Genetics Inc /Wa), Office Lease (Seattle Genetics Inc /Wa)
Generator. Subject Landlord will grant to Tenant, for Tenant’s own use and not for resale purposes, a non-exclusive license of sufficient space at the provisions Development, as reasonably determined by Landlord, for the construction, installation, replacement, operation and use by Tenant of this Section 29.36an electric generator, and other related equipment, including mountings and supports (collectively, “Tenant’s Generator”). Provided Tenant shall be entitled has submitted to install, operate Landlord plans and maintain a generator specifications for Tenant’s Generator and any other equipment related theretonecessary structural support signed and sealed by Tenant’s electrical and structural engineers together with evidence Tenant has obtained all necessary permits required to install Tenant’s Generator, includingand Landlord has approved the same (which approval shall not be unreasonably withheld or delayed), without limitationLandlord shall make available to Tenant reasonable access for the construction, a fuel systeminstallation, wiring maintenance, repair, replacement, operation and shaft space (“use of Tenant’s Generator”) next to the Building , all at Tenant’s sole cost and expense expense. Tenant shall have the right to test Tenant’s Generator on a monthly basis at reasonable times during non-business hours (without paying any additional fee but not on Sundays or rental between the hours of 10:00 p.m. and 6:00 a.m. daily) in accordance with Exhibit E, provided the scheduling of such test is arranged in advance with Landlord. Tenant shall be responsible for maintaining and repairing the Tenant’s Generator in good working order and maintaining all necessary licenses and permits required to Landlord for operate Tenant’s Generator. Tenant covenants and agrees that Tenant shall not overuse or misuse the Tenant’s Generator, and that Tenant’s use thereof). Prior to the installation of the GeneratorTenant’s Generator shall comply with all Applicable Laws, Legal Requirements, and all Rules and Regulations issued by Landlord with respect thereto. Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the Term, upon reasonable notice to Tenant, to relocate the Tenant’s Generator to another area of the Building. Tenant shall cooperate with Landlord to effectuate any such relocation. All costs involved in such relocation shall be borne by Landlord. Upon expiration or earlier termination of this Lease, Tenant shall inspect remove Tenant’s Generator installed pursuant to this Section and shall restore the proposed location area where it was previously located to determine substantially its condition prior to installation of Tenant’s Generator described herein, reasonable wear and tear and casualty damage excepted. In the event that Landlord reasonably determines that Tenant’s Generator has not been properly maintained to an extent that its operation would present a suitable location for risk to human health and safety or the integrity of the Development, or Tenant has failed to maintain any license or permit required under applicable law or code to operate Tenant’s Generator, then Landlord shall notify Tenant in writing of the same and Tenant shall, in instances involving risk to human health or safety, perform such repairs or maintenance which are reasonably necessary to eliminate such risk to human health or safety within two (2) business days of Landlord’s notice, or, in instances where Tenant has failed to maintain any license or permit required under applicable law or code to operate Tenant’s Generator, commence such corrective action which is reasonably required to restore such license or permit within two (2) business days of Landlord’s notice and thereafter shall diligently pursue the restoration of such license or permit until such license or permit is obtained as required by law. In the event Tenant fails to comply with the terms of the preceding sentence, Landlord shall have the right, in addition to other remedies afforded to it under this Lease, to render Tenant’s Generator temporarily inoperable until such time that Tenant provides reasonable evidence to Landlord that it has restored Tenant’s Generator to good working order or has renewed such applicable permits or licenses, as the case may be, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to promptly reimburse Landlord for its review and written approvalany associated reasonable out-of-pocket expenses incurred by Landlord upon receipt of an invoice accompanied by reasonable supporting documentation including invoices for work performed to render Tenant’s Generator temporarily inoperable. Tenant Except as otherwise provided for in this Section 43, Tenant’s installation of Tenant’s Generator shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator considered an Alteration in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration Section 9.1 of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the this Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 2 contracts
Sources: Lease (Covisint Corp), Lease (Covisint Corp)
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled have the right to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s 's sole cost and expense expense, one lawfully permitted generator (without paying any additional fee or rental of up to Landlord for 350 KW, which size may be increased upon prior approval of Landlord, in its sole discretion) (the "Generator Equipment") to be installed on the roof of the Building within the screened area as shown on Exhibit F (the "Generator Space") which shall not interfere with the use thereof). Prior to the installation and operation of the Generator, Building provided that Tenant shall inspect complies with each of the proposed location to determine a suitable location for the Generator, and following requirements:
1. Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval, a full set of engineered construction plans for the proposed Generator Equipment installation, such approval not to be unreasonably withheld;
2. Tenant shall be solely responsible make all required conduit or cable connections between Tenant's equipment in the Premises and the Generator Equipment, subject to (i) Tenant's payment of reasonable costs for the cost of acquisition, installation, operationsuch services, and maintenance (ii) approval of the Generator; and such connections by Landlord;
3. Tenant shall obtain and maintain all necessary municipal, state and federal permits and authorizations required to lawfully install, maintain and operate the Generator in accordance with all federal, state, Equipment at its sole expense and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining pay any and all permits, approvals and licenses required charges levied by government agencies or utility companies which are related to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon Equipment or the expiration of earlier termination usage of the Lease Generator Equipment;
4. Any testing and other uses of the Generator Equipment that may create noise or other disruptions to the Building or other tenants thereof shall be conducted after Normal Business Hours.
5. At the conclusion of the Term, Tenant shall not be required to remove the GeneratorGenerator Equipment (unless otherwise agreed by the parties in writing) and surrender and restore the Premises, any associated cabling, wiring and screening or other improvementsthe Generator Space to Landlord in substantially the same condition as when installed; and
6. The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for Tenant's activity in the Generator Space and Tenant shall not be entitled to grant or assign to solely responsible and liable for any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use damage caused by the Generator without Landlord’s prior written consent Equipment (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building unless due to the installation gross negligence or willful misconduct of Landlord or the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorParties).
Appears in 2 contracts
Sources: Lease (Archemix Corp.), Lease (Archemix Corp.)
Generator. (a) Subject to the provisions satisfaction of all the conditions in this Section 29.36Section, Tenant shall be entitled have the right to install, operate and maintain install in an area designated by Landlord a back up diesel generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party install such Generator (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises i) (A) if such installation would adversely affect (or in a portion thereof)manner that would adversely affect) the right to use structure or any of the Generator building systems of the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federal, state or local law, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval.
(which consent may be granted b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or withheld disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the Landlord when the Generator was installed.
(c) Upon ten (10) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator, if in Landlord’s discretion)opinion such relocation is necessary or desirable. Upon reasonable advance notice to Any such relocation shall be performed by Tenant at Tenant’s expense, and in accordance with all of the requirements of this Section.
(and provided Landlord reasonably coordinates with d) In granting Tenant and provides an alternate source of backup generator capacity during said transition)the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall be entitled to cause the Generator to be moved to another location near the Building, remove or relocate such antenna at LandlordTenant’s sole cost and expense. , and Landlord shall under no circumstances be liable to Tenant therefor.
(e) Tenant shall pay indemnify and hold Landlord harmless from and against all personal property taxes on the Generator. Tenant shall also pay costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any increases in the real property taxes of the Building due act or omission with respect to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof installation, use, operation, maintenance, repair or disassembly of such increase in taxesGenerator and related equipment. Tenant’s indemnity obligations under The provisions of this Section 5.4.1.5 44(f) shall survive the expiration or sooner termination of the this Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 2 contracts
Sources: Lease Agreement (Maxcyte, Inc.), Lease Agreement (Maxcyte, Inc.)
Generator. Subject to the provisions of this Section 29.36, Landlord acknowledges that Tenant shall be entitled to installhave the right, operate at Tenant’s option and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense expense, to install, operate, repair, replace and maintain supplemental generators, fuel tank or both of same (without paying any additional fee or rental collectively, the “Generator”) in a location at the Premises reasonably determined by Tenant and subject to Landlord for Landlord’s consent, which shall not be unreasonably withheld (the “Generator Space”), the use thereof). Prior of which Generator Space shall be at no charge to the installation of the GeneratorTenant; provided, Tenant shall inspect the proposed location to determine a suitable location for the Generatorhowever, and Tenant shall submit written plans and specifications relative to the type, size and proposed location that (including any proposed screeningi) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for obtaining all necessary governmental permits, licenses and approvals with regard to the cost operation of acquisitionthe Generator, and shall comply with all Applicable Laws pertaining to such use; (ii) Tenant shall be solely responsible for all costs of installation, operationmaintenance, insurance, repair and replacement of the Generator, (iii) Tenant shall be solely responsible for all costs of operation of such Generator (including, but not limited to, all costs of electrical consumption from such Generator), and (iv) Tenant’s installation of the Generator shall be subject to Landlord’s prior written approval in accordance with the terms and conditions of Section 8.1 hereof. Tenant shall comply with Landlord’s standard requirements regarding Tenant’s use, operation and maintenance of the Generator with respect to noise, vibration, screening and testing. Landlord shall have the right, in Landlord’s reasonable judgment, by providing Tenant with prior written notice and paying the reasonable cost of relocation of the Generator; and Tenant shall install, maintain and operate to relocate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate from the Generator by any governmental authority having jurisdictionSpace to another area which shall permit the Generator to continue to serve the Premises as it had prior to such relocation. In addition, Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to acknowledge that the installation of the Generator within thirty (30) days shall include the costs of receipt installation of notice from Landlord which includes proof connecting conduits, and all Actual Costs of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the use of Hazardous Materialsoperation, shall apply to the use maintenance, repair, replacement and operation removal of the Generator, all of which costs shall be paid solely by Tenant. Finally, Tenant’s insurance obligations under Section 10.3 The installation and placement of the Lease Generator shall apply to the Generatorcomply with all Applicable Laws.
Appears in 2 contracts
Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)
Generator. Subject to After the provisions date of this Section 29.36Lease, Tenant shall be entitled have the right, at Tenant’s sole risk and expense, to install, operate and maintain install a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next at the Building in a location and manner acceptable to Landlord and subject to the Building requirements of all Governmental Requirements, provided that (i) the installation of any Generator shall be done by contractors approved by Landlord in good and workmanlike manner in compliance with all building codes and regulations, free from any liens or claims of liens and in accordance with plans and specifications therefor reasonably approved in writing by Landlord, which plans shall show the proposed installation thereof; (ii) Tenant shall keep the Generator in good condition and repair and perform all maintenance and repairs thereto at Tenant’s sole cost and expense expense; (without paying any additional fee iii) Tenant shall pay all costs for utilities or rental to Landlord for other services in connection with the use thereof). Prior to the installation operation of the Generator, Tenant ; (iv) Landlord shall inspect the proposed location not be responsible for any loss or damage to determine a suitable location for the Generator, and Tenant shall submit written plans indemnify, hold Landlord harmless and specifications relative defend Landlord from and against all claims, damages, liability or expense (including attorney fees) related directly or indirectly to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operationexistence, and maintenance use, maintenance, repair, testing, removal or replacement of the Generator; and (v) Tenant shall installbe responsible for all repairs, maintain maintenance, preventing and operate repairing any leakage or other damage to the Building or any system currently serving the Building related directly or indirectly to the installation, existence, use, maintenance, repair, testing, removal or replacement of the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Buildingand, at Landlord’s option, shall either reimburse Landlord for the cost thereof or cause the same to be performed by contractors and expense. workmen reasonably acceptable to Landlord (subject to Section 4.5 of this Lease); (v) at the request of Landlord, Tenant shall pay all personal property taxes on remove or temporarily relocate the Generator. , if necessary, to facilitate any repairs or replacements to the Building being performed by Landlord; (vi) prior to the expiration of the Lease Term or upon the earlier termination of this Lease, Tenant, at its sole cost, shall remove the Generator installed by Tenant shall also pay any increases in the real property taxes of Building, repair any damage caused thereby and restore the Building due to the condition existing prior to the installation of the Generator within thirty thereof; and (30vii) days of receipt of notice from Tenant and Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply have exclusive access to the Generator, and Tenant may construct such barriers as reasonably approved by Landlord to protect the Generator from vandalism or other hazards.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled have the right to install, operate at Tenant’s sole cost, a back-up generator on the roof of the Building, a booster in the Garage, the associated gas line and maintain a generator related components (collectively, the “Back-Up Power And Supplemental Components”), in the locations designated therefor by Landlord, subject to Landlord’s prior written approval of Tenant’s plans and any other equipment related theretospecifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall also have the non-exclusive right to access those portions of the Building and the Property (including, without limitation, a fuel systemthe roof of the Building), wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord extent necessary for the use thereof)installation, operation, maintenance, and repair of the Back-Up Power And Supplemental Components. Prior Landlord shall have no obligations to Tenant with respect to the installation installation, operation, repair, maintenance or replacement of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalBack-Up Power And Supplemental Components. Tenant shall be solely responsible responsible, at Tenant's sole cost and expense, for maintaining, testing, refueling and cleaning the Back-Up Power And Supplemental Components, all in compliance with applicable Laws. Tenant shall, at its own cost of acquisitionand expense, installation, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Back-Up Power And Supplemental Components (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturers in the operation, and /maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local manual or required by applicable government laws, statutes, ordinances, rules and regulations. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work and, in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Tenant acknowledges and agrees that access to any portion of the Back-Up Power and Supplemental Components located outside of the Premises shall be subject to coordination with the Landlord for such access. Tenant shall at all times comply with any and permits and approvals issues by applicable governmental authorities with respect to the use of the Back-Up Power and Supplemental Components. Tenant’s use of the Back-Up Power and Supplemental Components shall not at any time: (i) affect the waterproofing of the roof; or (ii) cause any interference with (w) the Building’s operating or mechanical systems, (x) the operations of any tenant in the Building, including without limitationany tenant’s roof deck use, obtaining and maintaining (y) any and all permits, approvals and licenses required telecommunications equipment in or on the Building (A) of any telecommunications service provider which makes its services available generally to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination tenants of the Lease Term, Building or (B) serving a larger portion of the Building than the Premises. Tenant shall also cooperate with any rooftop management policy which Landlord may implement for the Building, provided that such policy does not be required to remove the Generator, any associated cabling, wiring and screening materially decrease Tenant’s rights or other improvementsmaterially increase Tenant’s obligations under this Lease. Tenant shall not be entitled to grant or assign to charged any third party (other than Additional Rent as a permitted assignee result of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator Back-Up Power and Supplemental Components, unless Tenant damages any portion of the Building or the roof in connection with its installation, operation, maintenance, or repair of such Back-Up Power and Supplemental Components. Notwithstanding anything to the contrary contained in Section 8.03 of the Lease, in the event Landlord elects to remove the Back-Up Power and Supplemental Components and completes the removal of the Back-Up Power and Supplemental Components within ninety (90) days following the end of the Term, Tenant shall reimburse Landlord for its actual, documented, out-of-pocket costs of such removal within thirty (30) days of following Tenant’s receipt of notice from Landlord which includes proof Landlord’s invoice therefor, accompanied by reasonably detailed documentation supporting such costs, given delivered within fifteen (15) days following the completion of such increase removal; provided, however, that Landlord shall have delivered Tenant an estimate of such costs of removal no later than five (5) Business Days prior to the commencement of such removal. Landlord shall have the right to retain the Letter of Credit until ▇▇▇▇▇▇▇▇’s receipt of ▇▇▇▇▇▇’s reimbursement of such removal costs; provided that Tenant shall have the right to deposit with Landlord a cash security deposit for the cost of such removal in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 lieu of the LeaseLetter of Credit, relating in which event Landlord will return the Letter of Credit to the use Tenant promptly after its receipt of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorsuch a cash security deposit.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled have the right to install, operate at Tenant’s sole cost, a back-up generator on the roof of the Building, a booster in the Garage, the associated gas line and maintain a generator related components (collectively, the “Back-Up Power And Supplemental Components”), in the locations designated therefor by Landlord, subject to Landlord’s prior written approval of Tenant’s plans and any other equipment related theretospecifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall also have the non-exclusive right to access those portions of the Building and the Property (including, without limitation, a fuel systemthe roof of the Building), wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord extent necessary for the use thereof)installation, operation, maintenance, and repair of the Back-Up Power And Supplemental Components. Prior Landlord shall have no obligations to Tenant with respect to the installation installation, operation, repair, maintenance or replacement of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalBack-Up Power And Supplemental Components. Tenant shall be solely responsible responsible, at Tenant's sole cost and expense, for maintaining, testing, refueling and cleaning the Back-Up Power And Supplemental Components, all in compliance with applicable Laws. Tenant shall, at its own cost of acquisitionand expense, installation, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing the Back-Up Power And Supplemental Components (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturers in the operation, and /maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local manual or required by applicable government laws, statutes, ordinances, rules and regulations. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work and, in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Tenant acknowledges and agrees that access to any portion of the Back-Up Power and Supplemental Components located outside of the Premises shall be subject to coordination with the Landlord for such access. Tenant shall at all times comply with any and permits and approvals issues by applicable governmental authorities with respect to the use of the Back-Up Power and Supplemental Components. Tenant’s use of the Back-Up Power and Supplemental Components shall not at any time: (i) affect the waterproofing of the roof; or (ii) cause any interference with (w) the Building’s operating or mechanical systems, (x) the operations of any tenant in the Building, including without limitationany tenant’s roof deck use, obtaining and maintaining (y) any and all permits, approvals and licenses required telecommunications equipment in or on the Building (A) of any telecommunications service provider which makes its services available generally to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination tenants of the Lease Term, Building or (B) serving a larger portion of the Building than the Premises. Tenant shall also cooperate with any rooftop management policy which Landlord may implement for the Building, provided that such policy does not be required to remove the Generator, any associated cabling, wiring and screening materially decrease Tenant’s rights or other improvementsmaterially increase Tenant’s obligations under this Lease. Tenant shall not be entitled to grant or assign to charged any third party (other than Additional Rent as a permitted assignee result of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator Back-Up Power and Supplemental Components, unless Tenant damages any portion of the Building or the roof in connection with its installation, operation, maintenance, or repair of such Back-Up Power and Supplemental Components. Notwithstanding anything to the contrary contained in Section 8.03 of the Lease, in the event Landlord elects to remove the Back-Up Power and Supplemental Components and completes the removal of the Back-Up Power and Supplemental Components within ninety (90) days following the end of the Term, Tenant shall reimburse Landlord for its actual, documented, out-of-pocket costs of such removal within thirty (30) days of following Tenant’s receipt of notice from Landlord which includes proof Landlord’s invoice therefor, accompanied by reasonably detailed documentation supporting such costs, given delivered within fifteen (15) days following the completion of such increase in taxesremoval; provided, however, that Landlord shall have delivered Tenant an estimate of such costs of removal no later than five (5) Business Days prior to the commencement of such removal. Landlord shall have the right to retain the Letter of Credit until Landlord’s receipt of Tenant’s indemnity obligations under Section 5.4.1.5 reimbursement of such removal costs; provided that Tenant shall have the right to deposit with Landlord a cash security deposit for the cost of such removal in lieu of the LeaseLetter of Credit, relating in which event Landlord will return the Letter of Credit to the use Tenant promptly after its receipt of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorsuch a cash security deposit.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled permitted by Landlord to installoperate a backup generator on site in a location reasonably acceptable to Landlord and shall be permitted to install and/or place a “Storage Tank” (as defined herein) near the Premises for the purpose of storing and supplying fuel for the backup generator. Notwithstanding anything to the contrary contained in this Lease, operate Tenant may not install or place any other “Storage Tanks” on the Property except with the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall provide to Landlord plans and maintain a specifications for the back-up generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior Storage Tank prior to the installation of the Generatorsame. If Tenant installs any “Storage Tanks” on the Property, Tenant shall inspect the proposed location to determine a suitable location for the Generatorshall, at its sole cost and Tenant shall submit written plans and specifications relative to the typeexpense, size and proposed location (including remove any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisitionsuch Storage Tanks, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federalapplicable laws, stateimmediately upon earlier of:
(a) the expiration or sooner termination of this Lease; or (b) the order of any governmental authority. In any event, any such Storage Tanks shall at all times be and remain the property and responsibility of Tenant. As used herein, the term “Storage Tank” means any one or combination of tanks, including all pipes, sumps, valves and other equipment connected thereto, which are used for the storage of petroleum products, hydrocarbon substances or fractions thereof, or other hazardous materials, and local which are located above ground. In no event shall any Storage Tank be located partially or wholly below ground. Tenant’s installation, repair, maintenance, operation and removal of the back-up generator and the Storage Tank shall be subject to and performed in accordance with the terms and conditions of this Lease and all applicable laws, statutes, ordinances, rules and regulations, including without limitationlimitation providing a clearance letter upon removal (as applicable). If Tenant installs a backup generator pursuant to this Paragraph 33, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, then Tenant shall not be required have the option, at its sole cost and expense, to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under same upon the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes earlier of the Building due to the installation expiration or sooner termination of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the this Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Lease Agreement (Proterra Inc)
Generator. Landlord is the current owner of the existing 275 KW back-up generator and related equipment in the Building depicted on Exhibit A attached hereto and made a part hereof (the “Generator”). Commencing on the Effective Date, Landlord shall make available for Tenant’s exclusive use during the Lease Term a minimum capacity of 137.5 KW from the Generator. Subject to, and without limiting, the minimum availability requirements set forth herein, Tenant acknowledges that its use of the Generator may be in common with Landlord and/or one or more other Building tenants (subject, however, to Tenant’s rights to use the Generator set forth herein), whether pursuant to rights existing on the date hereof or hereafter granted by Landlord. Without limiting the preceding sentence, Tenant acknowledges that as of the Effective Date, the only other Building tenant to which Landlord has heretofore granted such rights is Foliofn, Inc., which has been granted the exclusive right to use 137.5 KW from the Generator. There currently exists an automatic transfer switch (the “ATS”) in Tenant’s server room on the fourth (4th) floor of the Building that is available for Tenant’s use, but Landlord does not hereby make any representation, warranty or covenant regarding the load capacity of the ATS or whether the ATS will be sufficient for Tenant’s purposes in installing Tenant’s back-up system or any other equipment, or for any other purpose. Landlord, at Tenant’s cost, shall provide such additional infrastructure upgrades as shall be necessary to connect the Generator to the provisions ATS, which work shall include, without limitation, the installation of this Section 29.36any required feeder lines, any required changes to the ATS and the installation of any required separate disconnect switch rated at a capacity of at least two hundred (200) KW. Landlord shall maintain the Generator, the ATS and the connections running between the Generator and the ATS, in good working order throughout the Term pursuant to a maintenance agreement with a third party which shall be in effect as of the Effective Date, which shall provide for a minimum of customary monthly testing and quarterly extended testing. Tenant will accept additional reasonable testing requirements as recommended by Landlord from time to time. Tenant shall not be entitled to installresponsible for any of the cost of maintaining or securing the Generator, operate the ATS or any of the connections between the Generator and maintain a generator and any other equipment related thereto, the ATS (including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generatorcharges under such maintenance agreement), but Tenant shall inspect the proposed location to determine a suitable location for the Generatorreimburse Landlord, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 after demand, for fifty percent (50%) of the Lease, relating to actual cost of fuel utilized in the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Lease Agreement (Cvent Inc)
Generator. Subject to the provisions terms of this Section 29.36paragraph and to the extent allowed by right by applicable governmental authorities, Tenant shall be entitled have the right to install, operate install and maintain an emergency generator outside of the Building in a location mutually acceptable to the parties, together with such service lines as are necessary to cause such emergency generator to service the Premises (the generator and any other equipment related theretothe service lines, including, without limitation, a fuel system, wiring and shaft space (the “Generator”). Tenant shall deliver to Landlord detailed plans and specifications for the Generator (including the proposed location and screen wall design) next and a copy of Tenant’s contract for installing the Generator, which plans and specifications and contract shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Tenant shall pay all costs of purchase, installation, maintenance, replacement, governmental inspection, permitting, insurance, cleanup and operation of the Generator. Tenant shall not use the Generator in a manner that will unreasonably interfere with Landlord’s and/or any current or future tenant’s use of the Project. Tenant is hereby granted such nonexclusive easements and licenses as are reasonably necessary for: (i) use of any Building shafts required to install the electrical wiring for the Generator; and (ii) access to the Building Generator at all reasonable times and in emergencies. The Generator shall be connected to the Premises by electrical wiring, the installation of which shall be performed by Tenant’s contractor, at Tenant’s sole cost expense. Tenant shall be responsible for procuring all licenses and expense (without paying any additional fee or rental to Landlord permits required for the installation, use thereof)or operation of the Generator, and Landlord makes no representations or warranties regarding the permissibility or the permitability of the Generator under applicable Laws. Prior Upon Landlord’s written approval of the plans and specifications and of the installation contract for the Generator, the Generator shall be installed by Tenant using a contractor reasonably acceptable to Landlord. Tenant shall cause the Generator to be constructed, installed, maintained, and operated: (a) in compliance with all applicable Laws and in accordance with the Building rules and regulations including those promulgated by Landlord pertaining to construction at the Building by third-party contractors; and (b) so as not to adversely affect or impact the structural, communications or other systems of or serving the Building. Upon installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) furnish Landlord with an “as built” drawing of the Generator certified by Tenant’s architect or such other professional as Landlord shall reasonably approve. On or prior to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of or earlier termination of the Lease TermTerm or Tenant’s right to possession of the Premises, Tenant shall not be required to remove the Generator, any associated cabling, Generator and related wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to equipment associated therewith, repair any third party (other than a permitted assignee of Tenant’s rights under damage caused by such removal, and restore the Lease or a permitted subtenant relative area to the Premises (or a portion thereof)) condition existing prior to the right to use date the Generator without Landlord’s prior written consent (which consent may be granted was installed, reasonable wear and tear and damage by casualty or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expensecondemnation excepted. Tenant shall pay all personal property taxes on Landlord within 30 days after demand by Landlord any reasonable increase(s) in Landlord’s insurance premium(s) attributable to the Generator. Tenant shall also pay maintain the Generator and any increases related equipment in a clean and safe manner throughout the real property taxes Term. In addition, all repairs to the Building and/or the Property made necessary by reason of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the use of Hazardous Materials, shall apply to the use maintenance and operation of the Generator. Finally, Generator shall be Tenant’s insurance obligations under Section 10.3 expense. Any operation of the Generator for testing or upkeep purposes shall be conducted only at times not falling within the normal hours of operation of the Building. Tenant shall immediately take all actions necessary to properly remediate any spillage or leak of fuel from the Generator, and shall promptly furnish Landlord with a copy of any notice received from any governmental authority relating to any claimed spillage or leak of fuel. Tenant’s indemnification obligations set forth in the Lease with regard to the Premises shall also apply to the Generator.
Appears in 1 contract
Sources: Lease (Mirna Therapeutics, Inc.)
Generator. Subject Tenant shall have the right to install, maintain and repair a back-up generator and auxiliary equipment (the "Generator"), subject to the specifications therefor set forth in the Specifications (the "Generator Specifications") and the following conditions:
(a) Tenant shall comply with all laws, ordinances, notices, orders, rules, regulations and requirements regulating the Property (the "Laws and Requirements") with respect to the installation, maintenance, repair and removal of the Generator and shall obtain, and deliver to Landlord written evidence of, any approval(s) required therefor under any Laws or Requirements or recorded covenants or restrictions applicable to the Property and copies of all permits and approvals therefor.
(b) The Generator shall be installed, maintained and repaired, at Tenant's sole cost and expense, in the location shown on Exhibit "A" attached hereto and in strict accordance with the Generator Specifications. The Generator shall be maintained on a concrete pad flush with the current asphalt and shall be painted to blend with the building exterior. All PVC conduits shall be underground. Any asphalt trenching shall be refilled and compacted to match existing asphalt conditions. The Generator shall be screened from view pursuant to landscaping and screening approved by Landlord.
(c) Tenant shall comply with the provisions of this Section 29.36Sections 9 and 10 of the lease; provided, however, unless Tenant elects to remove the Generator (in which event the provisions of subsections 33(d), (e) and (f) shall apply), the Generator shall remain on the Property and become the property of Landlord without payment by Landlord upon the expiration or earlier termination of the lease.
(d) In the event Tenant elects to remove the Generator, at least 3 business days prior to removal, Tenant shall notify Landlord of the date and time of the removal. Tenant shall remove the Generator only if Landlord is present with Tenant at the time of the removal thereof.
(e) Tenant shall maintain the Generator in a safe, good and orderly condition in strict accordance with manufacturers' instructions and recommendations and the Generator Specifications. Tenant shall maintain in good condition and repair parking bollards around the Generator, painting them to match existing bollards. The maintenance, repair and, if Tenant so elects, removal of the Generator and the bollards shall be entitled to installperformed, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s 's sole cost and expense expense, in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, any portion of the Property.
(without paying any additional fee or rental f) In the event Tenant elects to Landlord for the use thereof). Prior to the installation of remove the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of remove the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, bollards and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulationsrepair any resulting damage, including without limitation, obtaining damage to concreted areas and maintaining any landscaping. In such event, if Tenant has modified the electrical connections between the transformer serving the Property and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination electrical room of the Lease TermProperty or in the event Tenant has modified the electrical metering to the Premises, Tenant shall not be required to remove restore the Generator, any associated cabling, wiring connection between the transformer and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative electrical room and the electrical metering to the Premises (or a portion thereof)) the right same condition as existed prior to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source installation of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases comply with all Laws and Requirements in connection with the real property taxes of the Building due to the installation removal of the Generator within thirty and the bollards and shall deliver to Landlord copies of all required permits and approvals in connection with such removal.
(30g) days Tenant's indemnification of receipt Landlord pursuant to Section 15 of notice from Landlord which includes proof the lease also applies to the Generator and Tenant's use of such increase any portion of the Property therefor. Without limiting the foregoing, Tenant solely shall be responsible for any damage or injury caused by or in taxesany 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. Tenant’s indemnity The obligations under Section 5.4.1.5 of Tenant hereunder shall survive the termination of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. (a) Subject to the provisions terms of this Section 29.3614.27, Tenant shall be entitled ------------- have a non-exclusive right to install, operate and maintain a generator and any other equipment related thereto, including, without limitationinstall diesel fuel powered emergency power generators, a diesel fuel systemtank, wiring its enclosures, connectors to electrical service and shaft space (“Generator”) next conduit to the Building at Tenant’s sole cost Premises (the "Generators") and expense associated uninterrupted power supply switching facilities, its enclosures, connectors to electrical service and conduit to the Premises (without paying any additional fee the "UPS") in the Garage in the location generally depicted on Exhibit I or rental in --------- other locations reasonably acceptable to Landlord for the use thereof)and Tenant. Prior to installation, Landlord must approve, which approval shall not be unreasonably withheld, conditioned or delayed: (1) the actual Generators and the UPS, (2) drawings submitted by Tenant showing the Generators and UPS to be installed, method of installation and such other information concerning the installation, use and maintenance of the Generator, Tenant shall inspect Generators and the proposed location to determine a suitable location for the GeneratorUPS which Landlord may request, and (3) the contractor selected by Tenant shall submit written plans to install the Generators and specifications relative to the typeUPS, size and proposed location (including any proposed screening) the non-financial terms of the Generator contract between Tenant and its contractor that may affect the Project. The Generators and the UPS shall be painted in a color approved by Landlord to Landlord for its review and written approvalmatch the adjacent improvements. Tenant shall be solely responsible for obtaining (with Landlord's approval) all permits and approvals required by any governmental entities to install, operate, maintain, or decommission the Generators and the UPS. Tenant shall repair and maintain the Generators and the UPS at Tenant's sole cost and expense using contractors approved by Landlord, and Tenant shall comply with all the laws, rules, regulations, ordinances and standards of acquisitionall governmental authorities having jurisdiction over the Project to the extent such laws, installationrules, regulations, ordinances and standards concern the Generators and/or the UPS. Tenant shall be responsible for all additional costs of any kind whatsoever incurred by Landlord attributable to the use, presence, operation, and maintenance maintenance, or decommissioning of the Generator; and Tenant shall install, maintain and operate Generators or the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsUPS as an Extra Service. Tenant shall not be entitled to grant pay for all utilities used or assign to any third party (other than a permitted assignee of Tenant’s rights under consumed in connection with the Lease Generators or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expenseUPS. Tenant shall pay all personal property taxes, if any, separately assessed with respect to the Generators or the UPS; and if and to the extent the Generators or the UPS are assessed for tax purposes as part of the Building or Landlord's personal property, Tenant shall reimburse Landlord for all taxes attributable to the Generators or UPS on the Generatorearlier of (i) thirty (30) days after Landlord's written demand for such taxes, or (ii) the date such taxes are due. The Generators and the UPS shall be used only for periodic testing and in the event Tenant's primary electrical service is interrupted. All testing shall take place at times reasonably selected by Landlord to minimize interference with other tenants. The Generators and the UPS shall be used for backup power for Tenant, and may not be used as a primary power source or by any other person or entity without Landlord's consent which shall be in Landlord's complete and sole discretion.
(b) Installation, maintenance and use of the Generators and the UPS shall be designed and operated in such a way as to prevent or minimize in a manner acceptable to all affected parties any interference with the Base Building systems of the Buildings or the Project or the quiet enjoyment by any other tenant or occupant of the Buildings or Project. The Generators and the UPS shall at all times during the term of this Lease remain the property of Tenant. Tenant shall also pay any increases in within twenty (20) days following expiration or earlier termination of this Lease, (i) remove the real property taxes of Generators and the Building due UPS from the Project; (ii) restore the Buildings and Project to the condition existing prior to the installation of the Generator and IPS and (iii) repair any damage caused by such removal so that the Buildings and the Project are restored to the condition depicted on the Building Plans as it existed prior to the installation of the Generators and the UPS. During such period of removal, restoration and repair, Tenant shall coordinate with Landlord to minimize disruption or interference with the operations of the Project and Tenant shall continue to pay Rent as provided in Section 14.27(c) below. If Tenant fails to so remove the Generators ---------------- and the UPS and restore such Buildings or the Project, Landlord may do so on Tenant's behalf as an Extra Service and Tenant shall reimburse Landlord for such within thirty ten (3010) days of after receipt of notice a written request for payment or Landlord may deduct such costs from Tenant's Security Deposit. Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 agrees to permit Tenant reasonable access to the common areas of the Lease, relating Buildings or the Project to facilitate the use of Hazardous Materialsthe Generators and the UPS and the removal of the Generators and UPS. The Generators and the UPS shall be installed and used at Tenant's sole risk, and in no event shall apply Landlord be liable under any circumstances for any damage to the Generators, the UPS or the loss of use related to the Generators or the UPS.
(c) Tenant shall be solely responsible for complying with all laws, rules and operation regulations with respect to the Generators and the UPS and, prior to commencement of installation, Tenant shall obtain all necessary governmental permits therefor. Tenant shall obtain insurance (naming Landlord as an additional insured) insuring against any loss or damage arising out of or relating to any contamination or release of any fuel from the Generator and shall not be permitted to install the fuel tank until Tenant has provided a certificate of such policy to Landlord. Tenant shall be permitted to install, maintain, remove and replace conduit, cables or lines and ducts within the Buildings outside the Premises to connect the Generators to the Premises and to exhaust fumes at locations designated by Landlord. Tenant acknowledges that Landlord will be prevented from selling parking permits for the space occupied by the Generators and UPS and Tenant shall pay Landlord, as Rent for the space occupied by the Generators and UPS, a sum equal to the rate charged by Landlord for reserved parking spaces in the Garage which shall initially be equal to two hundred percent (200%) of the Generator. Finally, Tenant’s insurance obligations fee for a non-reserved Parking Pass under Section 10.3 14.22. The number of parking spaces eliminated to ------------- accommodate the Generators and UPS shall be deducted from Tenant's allocation of Parking Passes. If the Generators or UPS fail to work properly or to provide power to the Premises, Landlord shall have no obligation or liability whatsoever with respect to such failure. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for the purpose of the Lease Generators and UPS, and Landlord shall apply have no obligation to construct or designate additional riser space or other space outside the Premises to accommodate the Generators and UPS beyond what is included in the Base Building Improvements or any changes or Upgrades to the GeneratorBase Building Improvements initially designed and approved by Landlord and paid for by Tenant pursuant to Exhibit C. Tenant acknowledges that --------- riser space is a finite commodity and that Landlord may in its discretion limit Tenant's total use of such space to accommodate and take into account use of the Building systems and the needs of other Project tenants.
Appears in 1 contract
Generator. Subject Subtenant has informed Sublandlord that Subtenant wishes to use the existing 1 megawatt emergency backup generator (the “Generator”) which is currently in place on a pad adjacent to the provisions of this Section 29.36, Tenant 331 Building (the “Generator Area”). Sublandlord agrees that Subtenant shall be entitled to installuse and operate the Generator to provide emergency backup power to the Premises, so long as Subtenant obtains its own permits to use and operate the Generator (releasing Sublandlord from any liability with respect to the Generator) and complies with the terms of this Section 6.2. Subject to Section 8, the Generator will be delivered to Subtenant in good working condition and from and after such delivery, Sublandlord shall have no right to use and operate the Generator. Subtenant and its authorized personnel shall further have the right to access the Generator Area for purposes of testing, maintaining, refueling, replacing, repairing and operating the Generator, subject to force majeure and in compliance with any applicable Master Landlord rules and regulations. Subtenant shall maintain a generator and any other equipment related theretooperate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, a fuel systemapplicable zoning restrictions, wiring City and shaft space (“Generator”) next to the Building County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at TenantSubtenant’s sole cost and expense (without paying any additional fee all permits, certificates or rental to Landlord other authorizations required for the use thereof). Prior to the installation operation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant Subtenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate to ensure that the Generator is operated in accordance compliance with all federal, state, and local applicable laws, statutes, ordinances, rules and regulationsregulations and the terms of the Master Lease and any governing CC&Rs, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate ensure that the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon does not interfere with the expiration business operations or quiet enjoyment of earlier termination other tenants or occupants of the Lease TermCenter. Without limiting the indemnity set forth in Section 11.2 below, Tenant shall not be required to remove the GeneratorSubtenant hereby indemnifies, defends and holds Sublandlord harmless from and against any associated cablingclaims, wiring and screening suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or other improvements. Tenant shall not be entitled to grant h▇▇▇▇ (collectively, “Claims”) caused by or assign to any third party (other than a permitted assignee of Tenantresulting from Subtenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator, provided, that, Subtenant shall not be obligated to indemnify Sublandlord for Claims to the extent caused by or resulting from the negligence or willful misconduct of Sublandlord. FinallyImmediately prior to the Expiration Date, Tenantpromptly following Subtenant’s insurance obligations request, Sublandlord agrees to execute a quit claim b▇▇▇ of sale in form and substance reasonably acceptable to Sublandlord transferring any ownership interest Sublandlord has in the Generator to Subtenant, without warranty. Other than pursuant to such b▇▇▇ of sale, or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the Master Lease (including, without limitation, Section 10.3 11.2 thereof), Sublandlord shall not transfer, sell or convey the Generator to any party or permit any lien or encumbrance on the Generator. Unless otherwise required by the Master Landlord in accordance with the Master Lease, Subtenant shall remove the Generator upon expiration or earlier termination of this Sublease and repair any damage caused by such removal. If required by the Lease shall apply terms of applicable laws, rules or regulations, Subtenant will obtain at its cost and deliver to Sublandlord a copy of any closure or similar report issued by any governmental authority with respect to Subtenant’s cessation of use and removal of the Generator.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled have the right to install, operate and maintain a install one (1) back up generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Tenant’s Generator”) next in a location that is of close proximity to the Building Leased Premises. The type, size and exact location of Tenant’s Generator shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall maintain Tenant’s Generator at Tenant’s sole cost in good working order, condition and expense (without paying any additional fee or rental repair. Tenant’s Generator shall be maintained at the sole risk of Tenant and shall be subject to Landlord for the use thereof)applicable law and such reasonable rules and regulations from time to time provided by Landlord. Prior to the installation of the GeneratorUpon Landlord’s request, Tenant shall inspect the proposed location to determine a suitable location promptly relocate, temporarily or permanently, Tenant’s Generator. Landlord shall reimburse Tenant for the Generator, reasonable out of pocket cost of relocating Tenant’s Generator if such relocation is performed at the request of Landlord. Tenant’s Generator shall not interfere with the use and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) operation of the building in which the Leased Premises is located. To the extent that Tenant’s Generator to Landlord for its review and written approval. Tenant shall be solely responsible for shares facilities with any building (the cost of acquisition, installation, operation, and maintenance of building in which the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease TermLeased Premises is located) system, Tenant shall not be required to remove pay the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee incremental costs of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld such facilities in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes excess of the Building due to the installation of the Generator costs that Landlord would incur but for such sharing within thirty (30) days of receipt Landlord’s demand. Upon Landlord’s request, Tenant shall provide sound and visual screening of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the LeaseGenerator reasonably acceptable to Landlord and shall secure and protect, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finallyextent necessary in Landlord’s determination, Tenant’s insurance obligations under Section 10.3 Generator from vehicular traffic. In the event Tenant does not choose to take the Generator at the end of the Lease Term, and subject to Landlord’s request to Tenant, Tenant shall apply be required to remove Tenant’s Generator upon expiration or sooner termination of this Lease and repair all damage resulting from such removal and restore any damage caused thereby. Tenant agrees that Tenant’s Generator shall only be used for back up purposes in the Generatorevent of disruption of Tenant’s primary power source.
Appears in 1 contract
Sources: Lease (Towerstream Corp)
Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate operate, and maintain a generator and any other equipment related theretoone or more generators (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next to the Building at Tenant’s sole cost and expense and connect same to the electrical and other systems serving the Leased Premises (without paying any additional fee or rental to Landlord for the use thereof). Prior The Generator shall be installed in the Outside Supporting Equipment Area. If Tenant elects to install and maintain a Generator as part of the Tenant Improvements, Tenant may construct and install at Tenant’s expense (subject to application of the Allowance) a concrete generator pad and containment area for fuel filling operations, with permanent screening (the “Generator Pad”) and underground connections to utility gas lines, if practicable. If subsequent to the installation completion of the Tenant Improvements Tenant elects to install and maintain a Generator, Tenant shall inspect may install the proposed location to determine a suitable location for the GeneratorGenerator Pad, and Tenant shall submit written plans and specifications relative subject to the type, size and proposed location (including any proposed screening) terms of the Generator to Landlord for its review and written approvalthis Section 16.22. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain maintain, and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, Applicable Laws including without limitation, obtaining and maintaining any and all permits, approvals approvals, and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord shall reasonably assist and cooperate with Tenant, at no out-of-pocket expense to Landlord (unless reimbursed), to obtain any required licenses or permits relating to the installation and operation of the Generator. In connection with Tenant’s installation of the Generator, Landlord shall permit Tenant agree thatto install wires, upon conduits, and similar appurtenant facilities in the Building (including using the Building’s risers, conduits, and towers, subject to reasonable space limitations and Landlord’s reasonable requirements for use of such areas, for purposes of installing cabling from the Generator to the Building) to connect the Generator with Tenant’s equipment in the Leased Premises; provided, however, that (i) such installation shall be completed pursuant to plans and specifications approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) such installation and maintenance shall be at Tenant’s sole cost and expense and shall be completed in a good and workmanlike manner and pursuant to all other relevant terms and provisions in this Lease. Upon the expiration of or earlier termination of the Lease Term, the Generator and/or any and all associated lines, cables, wires, conduit, equipment, apparatus, and supplies used in connection with the operation and maintenance of the Generator, including without limitation any above-ground fuel storage tanks and all related equipment and facilities shall be left in place, and Tenant shall not be execute and deliver a bill of sale conveying such items to Landlord in its “as-is, where-is” condition without any warranties or representations as to condition or operational status, and such items shall become Landlord’s property, free and clear of any rights of Tenant or third parties claiming by, through or under Tenant. Landlord may perform a Phase I assessment in the area immediately surrounding the Generator, and if such Phase I assessment identifies any environmental contamination originating from Tenant’s use thereof, then Tenant shall reimburse Landlord for Landlord’s reasonable third-party costs, liability, claims, expenses or obligations with respect to the presence of such Hazardous Substances in such area and any and all required cleanup activities and/or remediation, within forty-five (45) days of Landlord’s written request therefor. Notwithstanding the foregoing, unless Tenant uses a portion of the Allowance (or Additional Allowance) to fund the acquisition and installation of the Generator, Tenant shall have the right to remove the Generator (provided Tenant also removes all associated lines, cables, wires, conduit, equipment, apparatus, and supplies used by Tenant in connection with the operation and maintenance of the Generator, including without limitation any associated cablingabove-ground fuel storage tanks and all related equipment and facilities) prior to the end of the Lease Term, in which event Tenant shall repair any damage to the Building and the Common Areas caused by such removal (including the installation of landscaping improvements) and shall cause all related fuel and other Hazardous Substances to be removed in accordance with all Environmental Laws. In addition, if Tenant removes the Generator or if Tenant ceases to occupy and pay Rent with respect to the entire Rentable Area of the Building, Tenant shall be responsible, at Tenant’s sole cost and expense, for any alterations or modifications that are required to the electrical distribution wiring and screening or other improvementssystems within the Building as a result of such removal. To the extent available and generally maintained by operators of similar generators in the general area of the Building, Tenant shall carry commercially reasonable pollution insurance relative to the Generator so long as the Generator remains in place, naming Landlord as an additional insured. Tenant shall not be entitled to grant or assign or lease to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)Permitted Transferee) the right to use operate the Generator without Landlord’s prior written consent (which consent may shall not be granted unreasonably withheld, conditioned or withheld in Landlord’s discretiondelayed). Upon reasonable advance notice to Tenant shall (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause i) operate the Generator only as reasonably necessary in Tenant’s good faith judgment (subject in all cases to be moved to another location near the Buildingterms and provisions of the next sentence); (ii) so long as the Generator remains in place, maintain, repair, and keep the Generator in good condition and repair, at LandlordTenant’s sole cost and expense; and (iii) pay for all operating costs for the same, including without limitation fuel and other operational requirements. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases Except in the real property taxes case of the Building due to the installation an emergency, power outage, or for testing and maintenance purposes, Tenant’s operation of the Generator within thirty (30e.g., for testing purposes) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating shall be limited to reasonable and customary intervals occurring after business hours to the use extent commercially practicable. The timing of Hazardous Materials, any such non-emergency operation shall apply be coordinated with Landlord to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorminimize any resulting interference with neighboring tenants.
Appears in 1 contract
Sources: Lease Agreement (Grail, LLC)
Generator. Subject Tenant will be permitted to the provisions of this Section 29.36, Tenant shall be entitled to install, operate install and maintain a generator, at its sole expense, for use for emergency backup power, on Landlord’s property at a location in the parking garage designated by Landlord, subject to the following terms and conditions:
41.1 The location of the generator must be acceptable to Landlord in its reasonable discretion.
41.2 The specifications for the generator itself and for its installation, including mounting, screening and landscaping, are subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed.
41.3 The generator must be screened and landscaped as required by local authorities. Tenant at its sole expense is responsible for obtaining any and all permits and other equipment related theretoapprovals required from the local authorities. Tenant, at its sole expense, shall comply with all terms and conditions of any such permits and approvals and with all applicable codes and ordinances, including, without limitation, a fuel systemany restrictions on times of testing or operation.
41.4 Tenant, wiring at its sole expense, shall at all times maintain and shaft space keep the generator and all appurtenances and related equipment in good condition and repair, and, without limiting any other provisions of the Lease, shall indemnify, defend and hold Landlord harmless from and against any and all claims, liabilities, judgments, costs and expenses (“Generator”including reasonable attorneys’ fees and costs) next arising out of or in any way related to the Building at Tenant’s sole cost installation, use, maintenance, repair and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation removal of the Generatorgenerator and appurtenances and related equipment, Tenant shall inspect the proposed location to determine a suitable location for the Generatorincluding, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining fuel leaks and maintaining any electrical problems.
41.5 The generator shall be and all permits, approvals and licenses required to install and operate remain the Generator by any governmental authority having jurisdictionproperty of Tenant during the Term. Landlord and Tenant agree that, upon Upon the expiration of earlier or sooner termination of the Lease Term, Tenant the generator shall not be required belong to remove the GeneratorLandlord without compensation, any associated cablingand title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. However, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance if Landlord elects by notice given to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within least thirty (30) days prior to expiration of receipt of notice from Landlord which includes proof of such increase in taxes. the Term, Tenant shall, at Tenant’s indemnity obligations under Section 5.4.1.5 sole cost, remove the generator and all appurtenances and related equipment, and repair any damage caused by such removal, including removal of the Lease, relating to the use of Hazardous Materials, shall apply to the use screening and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorre-landscaping as reasonably required by Landlord.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.3629.35, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (but subject to application of the Tenant Improvements Allowance, and without paying any additional fee or rental to Landlord for the use thereof). Landlord shall identify the location for the Generator with reasonable consultation with Tenant. Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a if it is suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the GeneratorGenerator subject to application of the Tenant Improvements Allowance; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsimprovements and if Tenant paid for the Generator with the Tenant Improvements Allowance then the Generator shall remain at the Building. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36Tenant first obtaining all required governmental approvals, Tenant shall be entitled to installmay, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense expense, install and maintain, repair, replace, operate and remove a generator, fuel tank and exhaust system (collectively, the “Generator”) at a location shown on Exhibit F attached hereto and made a part hereof. The size, details of installation and operation of the Generator, as well as the specifications and type of Generator, shall in all respects be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned. All installation, use, maintenance, repair and replacement, as applicable, of the Generator shall be conducted by Tenant in strict accordance with all applicable laws, rules, regulations and ordinances, and such other reasonable rules or requirements as Landlord may from time to time reasonably impose. Landlord or any local government may require Tenant to shield or enclose the Generator with a screen for aesthetic purposes or a fence for security purposes, and, if so requested, Tenant shall promptly comply, at Tenant’s sole cost and expense. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state, or local government or property owner’s association for installation, operation, maintenance, repair and replacement of the Generator and Tenant shall pay all fees attendant thereto. If the Generator is installed, Tenant shall have sole responsibility for the maintenance, repair and replacement thereof and of all cabling and wiring ancillary thereto, without paying any additional fee or rental to contribution from Landlord. Landlord shall not charge Tenant Additional Rent for the use thereof)of the Generator. Prior However, if the insurance premium or real estate tax assessment charged to Landlord with respect to the installation Building increases as a result of the presence or operation of the Generator, Tenant shall inspect pay the proposed location to determine amount of such increase, as Additional Rent, within thirty (30) days after Landlord delivers a suitable location b▇▇▇ for such increase. In the Generator, and Tenant shall submit written plans and specifications relative to event the type, size and proposed location (including any proposed screening) use of the Generator by Tenant ceases or is interfered with for any reason whatsoever, other than due to Landlord the gross negligence or willful misconduct of Landlord, its employees or contractors, Tenant shall have neither a claim for its review and written approvalabatement or diminution of rent, nor a claim for damages, on account of such cessation of use. Tenant shall be solely responsible for covenants that the cost of acquisitionownership, installation, operationuse, maintenance and maintenance removal of the Generator; and Generator will be at Tenant’s sole risk. Tenant shall install, maintain and operate further covenants that it will not permit the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator be used by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator others without Landlord’s prior written consent (which consent may not be unreasonably withheld, delayed or conditioned). Tenant agrees to indemnify and save Landlord harmless from and against all claims, actions, damages, liability and expenses, including reasonable attorney’s fees, arising from or relating to the ownership, installation, use and operation, maintenance and repair, and removal of the Generator and related appurtenances, including (without limitation) any concrete pad upon which the Generator may be granted or withheld in Landlordlocated. To insure such indemnity, all of Tenant’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause insurance policies required under this Lease must include the Generator as an insured risk. In the event the Generator, or use thereof, causes damage to be moved the structure, or to another location near the mechanical or electrical systems of the Building, or interferes with any service provided by Landlord to any tenant or occupant of the Building, Landlord may, upon written notice to Tenant, immediately revoke Tenant’s permission to use the Generator, in which case Tenant shall immediately cease use of and remove the Generator. Any failure by Tenant to comply with the provisions of this section shall be a default of this Lease, and Landlord may (i) require Tenant to immediately cease use of and remove the Generator and/or (ii) avail itself of any and all remedies provided under this Lease, at law and/or in equity. Prior to the expiration or earlier termination of the Term of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove the Generator and all ancillary cabling and wiring related thereto and restore the all affected portions of the Building to the same condition in which they existed prior to such installation, reasonable wear and tear excluded, and in accordance with those requirements imposed by Landlord. In the event Tenant fails to so remove the Generator, Landlord may remove and dispose the Generator, at Tenant’s cost and expense, without liability for any property of Tenant or any third party disposed of or removed by Landlord. Tenant The provisions of this Section shall pay all personal property taxes on survive the Generator. Tenant shall also pay any increases in the real property taxes expiration or earlier termination of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the this Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. Subject to The parties acknowledge that the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain Premises are currently served by a generator and any other equipment related theretounderground storage tank (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next and Tenant shall have the exclusive use of the Generator during the Term of this Lease. The Generator shall be the property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this Lease without molestation or injury. Landlord makes no representations or warranties as to the Building condition of the Generator. Tenant’s maintenance and use of the Generator during the Term shall be performed by or on behalf of Tenant (a) at Tenant’s sole risk, cost and expense expense, (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generatorb) in a timely, Tenant shall inspect the proposed location to determine a suitable location for the Generatorgood and ▇▇▇▇▇▇▇-like manner, (c) using only licensed contractors approved by Landlord, and Tenant shall submit written plans (d) without interference to Landlord, or other tenants or occupants of Building and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalProperty. Tenant shall be solely responsible for bear all costs incurred in the cost exercise of acquisition, installation, operation, its rights set forth above and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator exercise these rights in accordance full compliance with all applicable federal, state, and local governmental laws, statutes, ordinances, regulations and rules and regulations, (including without limitation, limitation the obtaining of all required permits) or any other requirements reasonably imposed by Landlord or covenants of record encumbering the Property. Tenant shall provide copies of all such required approvals when issued. Tenant shall take all precautionary steps to protect its facilities and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. facilities of Landlord and others affected by performance of work and shall police same properly. Tenant agree that, upon shall replace or restore any disturbance or damage it caused to the expiration of earlier termination of Building or Property. Notwithstanding anything to the Lease Termcontrary contained in this Lease, Tenant shall fully indemnify Landlord and its mortgagee against all loss or damage of whatever kind or nature, including but not be required limited to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of claims, arising or in any manner connected with Tenant’s rights under the Lease use or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source maintenance of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay provide Landlord with a maintenance schedule and corresponding work tickets on a quarterly basis, or more frequently at Landlord’s request if Landlord believes that the Generator is not being properly maintained. If Tenant fails to perform any increases in the real property taxes of the Building due services necessary to the installation of maintain the Generator in good and efficient working order and condition, and Tenant fails to correct such deficiency within thirty three (303) days of receipt of after written notice from Landlord, Landlord which includes proof of shall have the right to perform such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of service(s) and Tenant shall reimburse Landlord for the Leasecosts incurred by Landlord for such services, relating to as additional rent, together with interest at the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorDefault Rate.
Appears in 1 contract
Generator. Subject Tenant will be permitted to the provisions of this Section 29.36, Tenant shall be entitled to install, operate install and maintain a generator, at its sole expense, for use for emergency backup power, on Landlord’s property at a location designated by Landlord, subject to the following terms and conditions:
(a) The location of the generator must be acceptable to Landlord in its sole and absolute discretion.
(b) The specifications for the generator itself and for its installation, including mounting, screening and landscaping, are subject to Landlord’s prior written approval.
(c) The generator must be screened and landscaped as required by local authorities. Tenant at its sole expense is responsible for obtaining any and all permits and other equipment related theretoapprovals required from the local authorities. Tenant, at its sole expense, shall comply with all terms and conditions of any such permits and approvals and with all applicable codes and ordinances, including, without limitation, a fuel systemany restrictions on times of testing or operation.
(d) Tenant, wiring at its sole expense, shall at all times maintain and shaft space keep the generator and all appurtenances and related equipment in good condition and repair, and, without limiting any other provisions of the Lease, shall indemnify, defend and hold Landlord harmless from and against any and all claims, liabilities, judgments, costs and expenses (“Generator”including reasonable attorneys fees and costs) next arising out of or in any way related to the Building at Tenant’s sole cost installation, use, maintenance, repair and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation removal of the Generatorgenerator and appurtenances and related equipment, Tenant shall inspect the proposed location to determine a suitable location for the Generatorincluding, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining fuel leaks and maintaining any electrical problems, except to the extent such claim is caused by or is arising from the negligence of Landlord its agents.
(e) The generator shall be and remain the property of Tenant during the Term and during such Term it shall be Tenant’s obligation to maintain and keep the generator and all permits, approvals its appurtenances and licenses required to install related equipment in good condition and operate the Generator by any governmental authority having jurisdictionrepair. Landlord and Tenant agree that, upon Upon the expiration of earlier or sooner termination of the Lease Term, Tenant the generator shall not belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale, and will be required to remove the Generatortransferred AS IS, any associated cablingWHERE IS AND WITH ALL FAULTS EXCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, wiring and screening or other improvementsMERCHANTABILITY OR SUITABILITY. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance However, if Landlord elects by notice given to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within least thirty (30) days prior to expiration of receipt of notice from Landlord which includes proof of such increase in taxes. the Term, Tenant shall, at Tenant’s indemnity obligations under Section 5.4.1.5 sole cost, remove the generator and all appurtenances and related equipment, and repair any damage caused by such removal, including removal of screening and re-landscaping so as to restore the Lease, relating area to a condition as previously found prior to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorinstallation as reasonably required by Landlord.
Appears in 1 contract
Sources: Lease (Ameresco, Inc.)
Generator. Subject Tenant may install, operate, and maintain one generator (provided any above-ground fuel tank associated therewith, together with such generator, is a single, self-contained, double-wall fuel tank unit and provided such generator is equipped with a critical silence muffler) along with all conduit and connections necessary to the provisions of this Section 29.36, Tenant shall be entitled to install, operate Building and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space Premises (at locations approved in advance by Landlord) reasonably necessary for Tenant’s business operations in the Premises for emergency back-up purposes (the “Generator”, which defined term shall also refer to any associated above-ground fuel tank and all related equipment) next to at the location on the Building at Tenant’s sole cost grounds described in EXHIBIT N attached hereto or another location acceptable to Landlord, provided that the installation, maintenance, use, and expense (without paying any additional fee or rental to Landlord operation thereof complies with all laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the “Legal Requirements”), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Landlord agrees to reasonably cooperate (at no cost to Landlord) with Tenant in securing any approvals, consents and permits required for the installation, maintenance, use thereof)and operation of the Generator. Prior to To the extent that any permits or registrations are required for the installation or operation of the Generator, they shall be obtained in Tenant's name. Before beginning the installation of the Generator, Tenant shall inspect the proposed location deliver to determine a suitable location for the Generator, and Tenant shall submit written Landlord final plans and specifications relative therefor prepared by a registered professional engineer in the State of Texas reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the typeLegal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner reasonably acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and proposed location (including any proposed screening) weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to Landlord for its review and written approval. damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall be solely responsible for the cost of acquisitionuse, installationmaintain, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in a good, clean, and safe condition and in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsLegal Requirements. Tenant shall not be entitled to grant repair all damage caused by the installation, use, maintenance, or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. FinallyIf Tenant fails to do so within 30 days after Landlord’s request, Landlord may perform such work and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within 30 days after Landlord’s written request therefor. Upon the earlier of the end of the Term or after Tenant’s insurance obligations under Section 10.3 right to possess the Premises has been terminated, Tenant shall remove the Generator if requested to do so by Landlord and repair all damage caused by such removal and restore the portion of the Lease Building grounds where it was located to its condition immediately before the installation thereof. If Tenant fails to do so within 30 days after Landlord’s request therefor, Landlord may perform such work and Tenant shall apply pay to Landlord all reasonable costs incurred in connection therewith within 30 days after Landlord’s written request therefor or Landlord may deem the Generator abandoned by Tenant and use such Generator without compensation to Tenant. Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of fluid from the Generator. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no odors emanate therefrom. The Generator shall be installed, used, maintained, operated, and removed at Tenant's risk and expense and Tenant shall maintain insurance in respect thereof reasonably satisfactory to Landlord, listing Landlord and the Building manager, as additional insureds. All testing of the Generator shall be performed after normal business hours and must be coordinated with Landlord. It is the intention of the parties that Tenant bear all risks relating to the installation, use, maintenance, operation and removal of the Generator; therefore, Tenant shall defend, indemnify and hold harmless Landlord, its agents and their respective affiliates from all losses, claims, costs and liabilities arising in connection with or relating to the installation, maintenance, use, operation and removal of the Generator, including, without limitation, that arising from Landlord's negligence (other than its sole or gross negligence). The term “affiliate” shall mean any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with the party in question.
Appears in 1 contract
Sources: Lease Agreement (ReachLocal Inc)
Generator. (a) Subject to obtaining any necessary governmental and regulatory approvals and the provisions approval of this Section 29.36Landlord, in Landlord's sole discretion, as to its design, location and construction, Tenant shall have the right to install an emergency power generator at the Project, together with the cabling or wiring necessary to connect the generator to the Premises (collectively, the "Generator"). All costs and expenses for the equipment, installation, connection to and the maintenance, repair and operation of the Generator during the Term shall be the sole responsibility of Tenant. Tenant shall not be charged any rent or other fees for the location in which the Generator is placed, provided that if the Generator is located on one (1) or more parking stalls, the number of reserved parking stalls otherwise allocated to Tenant pursuant to Article 1.I. of the Basic Lease Provisions shall be reduced by the number of parking stalls used to accommodate the Generator. Tenant shall be entitled to installinstall battery backup systems in the Premises.
(b) Landlord shall have the right from time to time during the Term to have Tenant relocate the Generator, operate provided Landlord shall give Tenant prior notice of the need to relocate the Generator, and maintain a generator and shall coordinate such relocation with Tenant so as not to interfere with or interrupt Tenant's use of the Generator. The cost of any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next such relocation shall be borne by Tenant to the Building extent such relocation is required by any act or omission by Tenant or as a result of any law, ordinance, rule, regulation or statute affecting the Project which was not in effect as of the date of this Lease; otherwise, said relocation cost shall be borne by Landlord. Landlord may require, in Landlord's sole and absolute discretion, that the Generator be screened from view by a screen which shall be constructed by Tenant, at Tenant’s sole cost 's cost, in accordance with the specifications provided to Tenant by Landlord. To the extent Landlord determines, in its reasonable discretion, that the plans and expense (without paying any additional fee or rental specifications for the installation of the Generator need to be reviewed by an outside consultant, Tenant shall reimburse Landlord for all out-of-pocket costs incurred by Landlord in connection with such review. Tenant agrees that upon the use thereof). Prior expiration or earlier termination of this Lease, Tenant shall remove the Generator, all related cabling and/or wiring in accordance with all applicable governmental and regulatory requirements and repair all damage to the Project where the Generator was installed caused thereby and restore all such items in the area to the extent reasonably necessary to effect a complete and effective repair to their condition prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, ordinary wear and Tenant shall submit written plans and specifications relative to the type, size and proposed location tear excepted.
(including any proposed screeningc) The installation of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, completed in a good and maintenance of the Generator; workmanlike manner and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules rules, regulations and regulationsorders affecting the Project, including without limitationas well as the requirements set forth in Article 9 above.
(d) Tenant shall be responsible for obtaining, obtaining if required, any building permits and maintaining any and all permits, approvals and licenses or permits required to install and operate the Generator by any governmental authority agency having jurisdictionjurisdiction over the Project. Landlord agrees to reasonably assist and cooperate, at no expense to Landlord, with Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, obtain any associated cabling, wiring and screening appropriate licenses or other improvementspermits. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative Notwithstanding anything to the Premises (or a portion thereof)) contrary contained herein, the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates engineering with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due respect to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of shall be coordinated through the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorProject's designated engineers.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36hereinafter provided, Tenant shall be entitled have the right, at no additional charge, to install, operate and maintain place a dedicated emergency generator and any other equipment related theretoequipment, includingwiring, without limitationshaft space, a fuel system, wiring and shaft space (“Generator”) next etc. required in connection therewith on the roof of the Building or adjacent to the Building loading dock as agreed to by the parties, at Tenant’s sole cost and expense (without paying any additional fee or rental expense. Subject to all applicable laws, Landlord for shall install the use same as part of Tenant’s Work. The cost of the concrete pad shall be borne by Landlord and the generator and associated equipment, and installation thereof), shall be borne by Tenant and may be paid out of the Allowance described in Section 3.1 of this Lease. Prior to The size and the precise location of the installation shall not be unreasonably withheld, conditioned or delayed by Landlord. All installations shall be 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 Generator, Tenant shall inspect Building or Park or decrease the number of parking spaces on the Lot. The cost of any environmental review of the proposed location to determine a suitable location for the Generatorequipment, and Tenant if reasonably required, shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalbe at Tenant’s expense. Tenant shall be solely responsible for required to maintain the same at its sole cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, statebest industry standards, and local lawsLandlord’s agent shall, statutesif reasonably practicable, ordinancesaccompany Tenant and/or any agent of Tenant when making necessary repairs to such equipment. Tenant agrees to maintain insurance on such generator, rules and regulationsto name Landlord as an additional insured thereon. Evidence of such insurance shall be provided to Landlord on or prior to the Commencement Date. Tenant shall indemnify, including without limitation, obtaining defend and maintaining hold Landlord harmless from and against any and all permitsliability or loss arising (except as a result of the negligence or willful misconduct of Landlord, approvals its agents, employees or contractors) from or out of the use or removal of such generator and licenses required to install and operate the Generator by any governmental authority having jurisdictionrelated equipment. Landlord and Tenant agree that, upon the Upon expiration of earlier termination of the Lease Term, Tenant shall not be required to remove responsible for the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes removal of the Building due to same and for repairing any damage caused therefrom. This Section shall survive the installation expiration or earlier termination of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the this Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Sublease (Demandware Inc)
Generator. Subject Tenant shall have the right to place a generator for stand-by power in a mutually agreeable location of the parking lot at no additional charge provided, however, that the installation of shall not violate any zoning regulation, permit condition, or other restriction applicable to the provisions of this Section 29.36, Tenant Project. The pad shall be entitled constructed by Tenant in accordance with plans approved in advance by Landlord, which plans shall including fencing and such curbing as is necessary to install, operate and maintain contain any fuel spill. Tenant may install on the pad a backup generator and any other equipment related theretofuel tank (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next ), the make, model and design of which shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld. To the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation extent that details of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, pad and Tenant shall submit written plans and specifications relative other matters related to the typeGenerator are included in the Approved Final Plans, size those details shall be approved at the same time as the balance of the Approved Final Plans. The design and proposed location (including any proposed screening) operation of the Generator to Landlord for its review and written approval. Tenant pad shall be solely responsible such as to avoid material interference with others. The Generator shall be used only for backup power and may not be used as a primary power source, nor may it be used by any other party. The Generator and pad shall be subject to all the cost terms of acquisitionthis Lease, installationincluding but not limited to Sections 8.3, operation10, and maintenance 17, provided only that the square footage of the Generator; and Tenant Generator pad shall installnot be included in the calculation of the area of the Premises. All costs of maintenance, maintain and operate repairs, upgrades, licenses or other expenses arising directly or proximately from the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator shall be borne by any governmental authority having jurisdictionTenant. Landlord and Tenant agree that, upon the Upon expiration of or earlier termination of the Lease TermLease, Tenant shall not remove all improvements and equipment from the Generator pad and shall provide such studies or other information as is necessary to demonstrate to Landlord’s reasonable satisfaction that there has been no environmental contamination as a result of the storage and operation of the Generator and the fuel tank. At the election of Landlord provided no later than [***] before expiration of the Lease, Tenant shall be required to remove the GeneratorGenerator pad and shall restore the area to a clean, any associated cabling, wiring paved condition. Failure of Tenant to remove all improvements and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under equipment from the Lease or a permitted subtenant relative Generator pad and restore same to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), extent directed by Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes deemed a holdover of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of entire Premises until such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorremoval is complete.
Appears in 1 contract
Generator. Subject to 44.1 Landlord acknowledges that Tenant owns all existing supplemental generators located at the provisions Project as of this Section 29.36the Commencement Date, and Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitationmay also install additional supplemental generators (each, a fuel system, wiring and shaft space (“New Generator”) next and above-ground fuel tanks (each, a “Tank”) to provide emergency additional electrical capacity to the Building at Premises during the Term. The Existing generators and any New Generator are sometimes collectively referred to herein as a Generator” or “Generators.” Subject to Exhibit B attached to this Lease, Tenant may apply the Allowance to the acquisition and installation of any New Generator and Tank as part of the Tenant Improvements. Tenant’s sole cost plans for any New Generator and expense (without paying Tank shall, if reasonably prudent as determined by Tenant, include a secondary containment system to protect against and contain any additional fee or rental release of Hazardous Materials. The location of any Existing Generator and the location in which any New Generator and the Tank shall be located is referred to Landlord for herein as the use thereof)“Generator Area”. Prior Notwithstanding the foregoing, Tenant’s installation of any New Generator and Tank shall be subject to the installation terms and conditions of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) Article 6 of the Generator to Landlord for its review and written approvalthis Lease. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of acquisitioninstalling, installationoperating, operation, maintaining and maintenance of the Generator; removing any Generator and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsTank. Tenant shall not be entitled install or operate any Generator or Tank until Tenant has obtained and submitted to grant or assign to Landlord copies of all required governmental permits, licenses and authorizations and any other third party (other than a permitted assignee approval necessary for the installation and operation of such Generator and Tank. In addition to, and without limiting Tenant’s rights obligations under the Lease or a permitted subtenant relative Lease, Tenant shall comply with all applicable environmental and fire prevention Regulations pertaining to the Premises (or a portion thereof)) the right to Tenant’s use of the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the GeneratorArea. Tenant shall also pay any increases be responsible for the cost of all utilities consumed in the real property taxes operation of the Building due Generators and Tanks.
44.2 Tenant shall maintain the Generators and Tanks in good working order and repair and shall repair any damage caused by the removal of any of the same, if so removed. To the maximum extent permitted by Regulations, the Generators and Tanks and all appurtenances in the Generator Areas shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant if any Generator, Tank or any appurtenances installations are damaged for any reason. Tenant agrees to be responsible for any damage caused to the Premises in connection with the installation of any New Generator and Tank, and for the Generator within thirty maintenance, operation or removal (30if applicable) days of receipt the Generators.
44.3 Tenant shall repair any damage caused by removal (if any) of notice from any Generators and Tanks and related appurtenances, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generators, Tanks and appurtenances were attached. Tenant acknowledges that the existing Generators and Tanks were installed by a prior occupant of the Premises and that Landlord which includes proof makes no representation or warranty to as to the fitness of such increase in taxes. the Generators or Tanks for Tenant’s indemnity obligations under Section 5.4.1.5 proposed use thereof, or the condition of the Generators and/or Tanks or the compliance thereof with applicable Regulations. Tenant acknowledges that Tenant shall use the Generators and/or Tanks at Tenant’s sole risk and the Landlord shall have no liability to Tenant in connection therewith. TENANT ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY REGULATIONS, LANDLORD SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO TENANT OR TENANT’S PROPERTY ARISING FROM OR RELATED TO TENANT’S USE OF THE GENERATORS AND/OR THE TANKS.
44.4 Upon the expiration or earlier termination of this Lease, relating to Tenant may remove the use of Hazardous MaterialsGenerators and Tanks, shall apply to the use and operation of the Generator. Finally, in Tenant’s insurance obligations under Section 10.3 of sole and absolute discretion, but Tenant shall have no obligation to remove the Lease shall apply to the GeneratorGenerators and Tanks.
Appears in 1 contract
Sources: Lease Agreement (Facebook Inc)
Generator. Subject to the provisions of this Section 29.36Sections 11 and 12, Tenant shall be entitled to may install, operate operate, and maintain a generator and any other equipment related thereto, including, without limitation, a up to eight (8) 1,250 Kw diesel fuel system, wiring and shaft space generators reasonably necessary for Tenant’s business operations in the Premises for emergency back-up purposes (the “Generator”, which defined term shall also refer to eight (8) associated above-ground 2,000-gallon diesel fuel tanks and all related equipment) next to at a location on the Building at grounds acceptable to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Legal Requirements, and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. To the extent that any permits or registrations are required for the installation or operation of the Generator, they shall be obtained in Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof)name. Prior to Before beginning the installation of the Generator, Tenant shall inspect the proposed location deliver to determine a suitable location for the Generator, and Tenant shall submit written Landlord final plans and specifications relative therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls, interstitial monitoring and ventilation system) for Landlord’s review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the typeLegal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, which shall include, without limitation, the installation of a metal weather-protective covering and a noise dampening system, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and proposed location (including any proposed screening) weight shall be subject in all respects to Landlord’s prior written approval, not to be unreasonably withheld. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to Landlord for its review and written approval. damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall be solely responsible for the cost of acquisitionuse, installationmaintain, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in a good, clean, and safe condition and in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsLegal Requirements. Tenant shall not be entitled to grant repair all damage caused by the installation, use, maintenance, operation, or assign to any third party (other than a permitted assignee removal of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition)and, Landlord shall be entitled to cause upon its removal, restore the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes portion of the Building due grounds where it was located to its condition immediately before the installation of the Generator thereof. If Tenant fails to do so within thirty (30) days after Landlord’s request, Landlord may perform such work, and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within thirty (30) days after Landlord’s written request therefor or Landlord may deem the Generator abandoned by Tenant and use such Generator without compensation to Tenant. Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of receipt of notice fluid from Landlord which includes proof of such increase in taxesthe Generator. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no unusual, disruptive or noxious odors emanate therefrom. The Generator shall be installed, used, maintained, operated, and removed at Tenant’s risk and expense and Tenant shall maintain insurance in respect thereof reasonably satisfactory to Landlord, listing Landlord and the Building manager, as additional insureds. Notwithstanding Landlord’s indemnity obligations under contained in Section 5.4.1.5 18.(b), it is the intention of the Lease, parties that Tenant bear all risks relating to the use of Hazardous Materialsinstallation, shall apply to the use use, maintenance, operation and operation removal of the Generator. Finally; therefore, Tenant’s insurance obligations under Section 10.3 Tenant shall defend, indemnify, and hold harmless Landlord, its agents, and their respective affiliates from all losses, claims, costs, and liabilities arising in connection with or relating to the installation, maintenance, use, operation, and removal of the Lease Generator, including, without limitation, that arising from Landlord’s negligence (other than its sole or gross negligence or intentional misconduct). All testing of the Generator shall apply be performed after normal business hours (i.e. on weekends), in accordance with all Legal Requirements, in a manner so as to minimize any noise, interference or disruption to the Generatorother tenant’s of the Project, and must be coordinated with Landlord.
Appears in 1 contract
Sources: Assignment of Lease (Rackspace Inc)
Generator. Subject to the provisions terms of this Section 29.36paragraph and there then being available space, and provided there is no pending Event of Default, Tenant shall be entitled have the right to install, operate install and maintain an emergency generator outside of the Building in a location as shown on Exhibit E attached hereto or otherwise mutually and reasonably acceptable to Landlord and Tenant, together with such service lines as are necessary to cause such emergency generator to service the Premises (the generator and any other equipment related theretothe service lines, including, without limitation, a fuel system, wiring and shaft space (the “Generator”). Tenant shall deliver to Landlord detailed plans and specifications for the Generator (including the proposed location and screen wall design) next and a copy of Tenant’s contract for installing the Generator, which plans and specifications and contract shall be subject to Landlord’s approval, not to be unreasonably withheld, conditioned, or delayed. Landlord shall have the right, at any time and from time to time, to require Tenant to relocate the Generator to another location specified by Landlord at Landlord’s sole cost unless such relocation is required under Applicable Laws or Tenant’s breach of the Lease. Subject to the foregoing, Tenant shall pay all costs of purchase, installation, maintenance, replacement, governmental inspection, permitting, insurance, cleanup, and operation of the Generator. Tenant shall not use the Generator in a manner that will unreasonably interfere with Landlord’s and/or any current or future tenant’s use of the Project. Tenant is hereby granted such nonexclusive easements and licenses as are reasonably necessary for: (i) use of any Building shafts required to install the electrical wiring for the Generator; and (ii) access to the Generator at all reasonable times and in emergencies. The Generator shall be connected to the Premises by electrical wiring, the installation of which shall be performed by Tenant’s contractor, at Tenant’s sole cost expense. Tenant shall be responsible for procuring all licenses and expense (without paying any additional fee or rental to Landlord permits required for the use thereof)installation, use, and operation of the Generator, and Landlord makes no representations or warranties regarding the permissibility or the permitability of the Generator under applicable Laws. Prior Upon Landlord’s written approval of the plans and specifications and of the installation contract for the Generator, Tenant shall cause the Generator to be installed by a contractor reasonably acceptable to Landlord. Tenant shall cause the Generator to be constructed, installed, maintained, and operated: (I) in compliance with all applicable Laws and in accordance with the Building rules and regulations including those promulgated by Landlord pertaining to construction at the Building by third-party contractors; and (II) so as not to adversely affect or impact the structural, communications, or other systems of or serving the Building. Upon installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) furnish Landlord with an “as built” drawing of the Generator certified by Tenant’s architect or such other professional as Landlord shall reasonably approve. On or prior to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease TermExpiration Date, Tenant shall not be required to remove the Generator, any associated cabling, Generator and related wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to equipment associated therewith, repair any third party (other than a permitted assignee of Tenant’s rights under damage caused by such removal, and restore the Lease or a permitted subtenant relative area to the Premises (or a portion thereof)) condition existing prior to the right to use date the Generator without Landlord’s prior written consent (which consent may be granted was installed, reasonable wear and tear and damage by casualty or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expensecondemnation excepted. Tenant shall pay all personal property taxes on Landlord within 30 days after demand by Landlord any reasonable increase(s) in Landlord’s insurance premium(s) attributable to the Generator. Tenant shall also pay maintain the Generator and any increases related equipment in a clean and safe manner throughout the real property taxes Term. In addition, all repairs to the Building and/or the Property made necessary by reason of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the use of Hazardous Materialsmaintenance, shall apply to the use and operation of the Generator. Finally, Generator shall be Tenant’s insurance obligations under Section 10.3 expense. Any operation of the Lease Generator for testing or upkeep purposes shall apply be conducted only at times not falling within the normal hours of operation of the Building. Fuel for the Generating Equipment shall only be maintained in quantities sufficient for emergency operation in accordance with all applicable Laws and Tenant shall not stockpile fuel in excess of these quantities anywhere at the Project. Tenant shall immediately take all actions necessary to properly remediate any spillage or leak of fuel from the Generator, and promptly furnish Landlord with a copy of any notice received from any governmental authority relating to any claimed spillage or leak of fuel. Tenant hereby assumes all liability to persons and property arising from or in any way related to the Generator. Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims or damages (including, but not limited to environmental claims or damages) arising out of or from or related to the installation, use, and removal of the Generator. Landlord shall be named as an additional insured on all Tenant insurance relating to the Generator. If Tenant exercises its option under this Section, upon Landlord’s request Tenant shall execute Landlord’s customary generator equipment license agreement, which agreement shall be consistent with the terms and conditions of this Section.
Appears in 1 contract
Sources: Lease (BigCommerce Holdings, Inc.)
Generator. Subject 22.1. Landlord agrees to permit Tenant to install, operate, maintain and replace an uninterrupted power source, stationary batteries, electrical facilities, chargers, and/or generators (the “Generator”) in a location to be determined by Landlord, provided Tenant obtains all necessary approvals, permits and licenses from all Governmental Authorities having jurisdiction over such matters and Tenant’s right to install such Generator shall be subject to and at all times be in compliance with Applicable Law. At no cost to Landlord, Landlord shall reasonably cooperate with Tenant with obtaining all such necessary approvals, permits and licenses including signing such commercially reasonable applications or other documents reasonably required in order for Tenant to obtain required approvals from the local jurisdiction for the Generator. Tenant shall install the Generator in a good and safe manner in accordance with the terms and conditions of the Lease, including without limitation, Sections 5.3 and 17.16 hereof. Prior to installing the Generator, Tenant shall obtain Landlord’s prior written consent to ▇▇▇▇▇▇’s plans, method of installation, equipment and materials. Tenant shall reimburse Landlord for Landlord’s out of pocket costs and expenses incurred in reviewing Tenant’s plans for the Generator and for monitoring the installation thereof. At all times the Generator shall be maintained in a good and safe manner and operated in accordance with all provisions of this Section 29.36Lease and all applicable Environmental Laws and, in addition to any other indemnity obligations Tenant may have under this Lease, Tenant hereby agrees to indemnify and hold Landlord harmless against any Claims related to Tenant’s installation, maintenance and use of the Generator. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install the Generator. Landlord shall have the right to have a representative present at the installation of the Generator in order to approve the method of installation and performance thereof. The Generator shall be entitled screened in a manner and design acceptable to installLandlord in its sole discretion. At the expiration or earlier termination of this Lease, operate at Landlord’s option which must be exercised at least ninety (90) days prior to the expiration of this Lease), the Generator shall be removed from its location at Tenant's sole cost and maintain a generator Tenant shall restore such area to the condition existing prior to such installation, and any other damage caused by such removal shall be repaired at Tenant's sole cost. If Landlord has required Tenant to remove the Generator at the expiration or earlier termination of the Term of this Lease and Tenant fails to so remove the Generator within ten (10) days following the termination of this Lease, Tenant hereby authorizes Landlord to remove and dispose of the Generator and charge Tenant for all costs and expenses incurred. Tenant agrees that Landlord shall not be liable for any property disposed of or removed by Landlord. Tenant's obligation to perform and observe this covenant shall survive the expiration or earlier termination of the Lease. Tenant understands that Tenant shall pay all costs associated with the acquisition, installation, use and operation (including all utility costs), maintenance, repair and replacement of, removal and utilities for such Generator.
22.2. Additionally, Landlord shall permit Tenant to connect certain pieces of equipment located in the Premises to the Building’s backup generator, provided that the aggregate load of such connected equipment shall not exceed five (5) ▇▇▇▇▇ per square foot. Tenant shall pay all costs and expenses related thereto, to such connection (including, without limitation, a fuel systemcosts incurred to rewire circuits, wiring and shaft space (“Generator”) next if required); however, Landlord shall not charge Tenant any rent or access fee for such connection to the Building Building’s backup generator provided Tenant complies with the terms and provisions of this Lease. The costs of operating, maintaining, and repairing the Building’s backup generator will be included in Operating Costs. Tenant expressly acknowledges and agrees that Landlord does not warrant or guaranty that such backup generator will be operational at all times or that emergency power will be available to the Premises when needed. Tenant’s use of the Building’s backup generator shall be at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorrisk.
Appears in 1 contract
Generator. Subject Provided Tenant is not in Default under the Lease, and, at Tenant’s sole cost of expense, and, subject to, and to the provisions extent permitted by, applicable Laws and subject to the terms and covenants of this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ grants Tenant a non-exclusive revocable license (which Landlord agrees may not be revoked by Landlord during the Term so long as Tenant is not in Default beyond any applicable notice and cure periods) to install, maintain and replace one (1) 300KV generator, a fuel tank and a supporting concrete pad (collectively, the “Generator”), at the Premises during the Term, as such term may be renewed pursuant to Section 29.3630 of the Lease.
(a) Tenant may, at its sole cost and expense, install the Generator on the southeastern end of the Building at the location shown on Exhibit B attached hereto. At any time upon sixty (60) days prior written notice from Landlord, Tenant shall be entitled required to installrelocate the Generator to another location at the Property specified by Landlord in its sole discretion. If such written notice from Landlord is necessitated by, operate or is the result of, any applicable Laws, or any requirement, demand or action by or from any governmental authority, agency or body, then, Tenant shall be responsible for Relocation Costs. If such written notice from Landlord is given for any reason other than the reasons set forth in the immediately preceding sentence, then, Landlord shall be responsible for Relocation Costs. As used herein, “Relocation Costs” shall mean the actual cost to move and maintain a generator relocate the Generator, plus costs to (i) restore the old location to as nearly as practicable the condition existing before installation of the Generator; (ii) install related improvements at the new location; and any other equipment related thereto, (ii) connect the Generator from the new location to Tenant’s data center located at the Premises (the “Tenant’s Data Center”) in such manner and using such materials (including, without limitation, a fuel system, wiring and shaft space (“Generator”cabling) next as are of equal or greater quality and/or specifications to those materials currently connecting the Generator to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof)old location. Prior Notwithstanding anything to the installation of the Generatorcontrary in this Paragraph or otherwise, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) relocation of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, completed within a time frame reasonably acceptable to Tenant and maintenance of the Generator; and in such a manner as reasonably acceptable to Tenant shall install, maintain and operate the Generator so as to minimize any disruption in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation and/or operation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. and/or Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorData Center.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36Lease, Tenant shall be entitled may request Landlord to install, operate and maintain install an emergency generator (a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next as part of the Tenant Improvements, in a location agreed upon by Landlord and Tenant, and if such Generator is installed as part of the Tenant Improvements and paid for out of the TI Allowance and/or the Additional TI Allowance, the Generator shall be the property of Landlord. As an alternative, during the Term, Tenant may install in a location agreed upon by Landlord and Tenant, maintain, and from time to time replace, a Generator at no additional rental expense to Tenant (other than reimbursing Landlord for any costs reasonably incurred by Landlord in connection with the Building exercise by Tenant of any rights granted to Tenant under this Section 42); provided, however, that (i) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all Legal Requirements, (ii) the Generator shall be the property of Tenant and Tenant may remove, and shall remove if Landlord requires the same to be removed, at Tenant’s sole cost and expense expense, the Generator at the expiration or earlier termination of this Lease, (without paying any additional fee or rental to iii) Landlord for shall have the use thereof). Prior to right supervise the installation of the Generator, and (iv) Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including repair any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, damage caused by Tenant’s installation, operationmaintenance, and maintenance replacement, use or removal of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes protect, defend, indemnify and hold harmless Landlord from and against claims, damages, liabilities, costs and expenses of the Building due to the installation every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the maintenance, replacement, use of Hazardous Materials, shall apply to the use and operation or removal of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Lease Agreement (Exelixis Inc)
Generator. Subject Subtenant has informed Sublandlord that Subtenant wishes to use the existing 1 megawatt emergency backup generator (the “Generator”) which is currently in place on a pad adjacent to the provisions of this Section 29.36, Tenant 333 Building (the “Generator Area”). Sublandlord agrees that Subtenant shall be entitled to installuse and operate the Generator to provide emergency backup power to the Premises, so long as Subtenant obtains its own permits to use and operate the Generator (releasing Sublandlord from any liability with respect to the Generator) and complies with the terms of this Section 6.2. The Generator will be delivered to Subtenant in its current “AS IS” condition. Subtenant and its authorized personnel shall further have the right to access the Generator Area for purposes of testing, maintaining, refueling, repairing and operating the Generator, subject to force majeure and in compliance with any Master Landlord rules and regulations. Subject to Sublandlord’s obligations set forth in Section 8 hereof, Subtenant shall maintain a generator and any other equipment related theretooperate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, a fuel system, wiring obtaining and shaft space (“Generator”) next to the Building maintaining at TenantSubtenant’s sole cost and expense (without paying any additional fee all permits, certificates or rental to Landlord other authorizations required for the use thereof). Prior to the installation operation of the Generator, Tenant shall inspect the proposed location such as to determine a suitable location for the Generatorcomply with requirements of applicable zoning restrictions, City and Tenant shall submit written plans County requirements and specifications relative to the type, size and proposed location (including regulations of any proposed screening) of the Generator to Landlord for its review and written approvalgoverning air quality or environmental management district. Tenant Subtenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate to insure that the Generator is operated in accordance compliance with all federal, state, and local applicable laws, statutes, ordinances, rules and regulationsregulations and the terms of the Master Lease and any governing CC&Rs, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate insure that the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon does not interfere with the expiration business operations or quiet enjoyment of earlier termination other tenants or occupants of the Lease TermCenter. Without limiting the indemnity set forth in Section 11.2 below, Tenant shall not be required to remove the GeneratorSubtenant hereby indemnifies, defends and hold Sublandlord harmless from and against any associated cablingcosts, wiring and screening losses, damages, liability or other improvements. Tenant shall not be entitled to grant harm caused by or assign to any third party (other than a permitted assignee of Tenantresulting from Subtenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. FinallyOnly if required by Master Landlord in accordance with the Master Lease, TenantSubtenant shall remove the Generator upon expiration or earlier termination of this Sublease and repair any damage caused by such removal. If required by the terms of applicable laws, rules or regulations, Subtenant will obtain at its cost and deliver to Sublandlord a copy of any closure or similar report issued by any governmental authority with respect to Subtenant’s insurance obligations under Section 10.3 cessation of the Lease shall apply to use and removal of the Generator.
Appears in 1 contract
Generator. Subject Tenant shall have the right, at its sole cost and expense and subject to the provisions terms of this Section 29.36Lease, Tenant shall be entitled to install, operate and maintain a an emergency generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next adjacent to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, as depicted on EXHIBIT A. Tenant shall inspect install, operate and maintain the proposed location to determine a suitable location for the Generatoremergency generator in accordance with all federal, state and Tenant shall submit written plans local laws and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalregulations. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to install, operate and maintain the cost of acquisitionemergency generator, installation, operation, but Landlord will assist and maintenance cooperate in that effort. Prior to installation of the Generator; emergency generator, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. Prior to installation of the emergency generator, Landlord shall require Tenant, at Tenant's sole cost and expense, to install screening surrounding the generator. The size, location, design and manner of the installation of the screening surrounding the emergency generator shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall installat all times keep the generator and the surrounding area in a clean and orderly condition. Tenant shall be responsible for all costs of removal of the emergency generator and the screening surrounding the emergency generator. Tenant shall also be responsible for all costs associated with restoring any damage caused to the Building and/or Common Areas as a result of such removal. Tenant agrees, maintain within ten (10) days after written notice from Landlord, to remove the emergency generator and operate screening surrounding same in the Generator 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 federal, state, of the terms and local laws, statutes, ordinances, rules conditions set forth herein. If Tenant elects not to remove the emergency generator and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate screening surrounding same from the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree thatBuilding or Common Areas, upon the expiration of or earlier termination of the Lease, or after expiration of the ten (10) day notice period provided herein, the emergency generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord or Landlord may remove the same at Tenant's expense. Any language in the Lease Termnotwithstanding, Tenant shall not be required indemnify and hold harmless Landlord from any and all liability for any loss of or damage or injury to remove any person (including death resulting therefrom) or property connected with or arising from the Generator, any associated cabling, wiring emergency generator and screening surrounding same or other improvements. the rights granted Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorherein.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36(i) Landlord shall permit Tenant, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense expense, to install and maintain up to two (without paying any additional fee or rental 2) backup diesel-powered generators (such backup generator and all related equipment and installation referred to Landlord as the “Backup Generator”) within the areas shown on Exhibit M at specific locations approved by Landlord. Excepting emergency electrical outages, the Backup Generator shall be used by Tenant only during testing and regular maintenance, so as not to disturb normal business operations and other tenants. Tenant shall be entitled to operate the Backup Generator for the use thereof)testing and regular maintenance, so as not to disturb normal business operations and other tenants. Prior to the installation of the Generator, backup generator by Tenant: (a) Landlord shall reasonably approve the contractor undertaking such installation; (b) Tenant shall inspect the proposed location to determine a suitable location obtain all permits and governmental approvals required for the installation and operation of the Backup Generator; (c) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an additional insured under such insurance policies; and (d) Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible , plans for the cost installation of acquisitionthe Backup Generator, installationshowing all aesthetic, operationstructural, mechanical and electrical details of the backup generator, as well as all associated conduit and related equipment (to include any fuel storage units, utility connections, and maintenance of the Generator; like), and Tenant shall installall changes to the Building necessary to accommodate same, maintain and operate the Generator all in accordance with the existing matters of record (to include rights of utilities) and all federalapplicable Federal, state, state and local laws, statutes, statutes and ordinances, rules and regulations, including without limitationlimitation all environmental laws.
(ii) Throughout the Term, obtaining Tenant, at its sole cost and maintaining any expense, shall (a) ensure that the Backup Generator complies with the existing matters of record (to include rights of utilities) and all permitsapplicable laws, approvals statutes and licenses ordinances, including any environmental laws; (b) inspect the Backup Generator at least once every six (6) months to insure that such equipment is functioning properly and that no hazardous materials are emanating therefrom; (c) maintain the Backup Generator in good order and repair; (d) maintain insurance coverages with respect thereto as are required to install be maintained on the Premises as a part of the Lease; (e) maintain all permits and operate governmental approvals necessary for the operation of the Backup Generator; and (f) ensure that the Backup Generator does not interfere with the use of the Building by other tenants or with the rights of parties pursuant to matters of record (to include utilities). Tenant shall immediately report to Landlord if Tenant determines that the backup generator is not functioning properly, are leaking or are in violation of any governmental authority having jurisdictionapplicable laws, including any environmental laws. Tenant shall immediately repair all equipment malfunctions or violations of law arising out of the operation of the Backup Generator. Such generator shall be deemed to be a part of the Premises for purposes of Article 8 (Insurance), Article 9 (Indemnification) and Article 27 (Environmental Cleanup) of the Lease.
(iii) Tenant shall indemnify Landlord and Tenant agree thathold it harmless from and against all claims, upon liability, damage or costs, including reasonable attorneys’ fees, suffered or sustained by Landlord or which arise out of the installation, use, operation or removal of the Backup Generator. Prior to the expiration of earlier or sooner termination of the Lease Term, if requested by Landlord, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of at Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s sole cost and expense. Tenant , shall pay all personal property taxes on remove the Generator. Tenant shall also pay any increases in the real property taxes of Backup Generator and restore the Building due to its condition immediately prior to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the LeaseBackup Generator, relating to the use of Hazardous Materials, shall apply to the use normal wear and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatortear excepted.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)
Generator. Subject Landlord currently intends to erect a "generator farm" ("Farm"), at a location on or adjacent to the provisions Building's loading dock, for the housing of tenant generators. Tenant acknowledges and agrees that the erection of the Farm is not an obligation of Landlord under this Lease and Tenant shall have no rights under this Lease, at law or in equity, to compel Landlord to erect such Farm. In the event that Landlord erects such Farm, Landlord shall (i) construct a steel structure (or other type of structure) on which a generator of up to 750 KVA can be installed ("Generator") and (ii) install a diesel fuel tank and ancillary equipment (to be used, if possible, in common with other generators located in the Farm) in a concrete vault with sufficient capacity to supply fuel for up to twenty-three (23) hours of operation (subject however, to Tenant's load requirement) and which shall be metered to measure Tenant's individual usage. In addition, Tenant shall pay to Landlord, within ten (10) days of Landlord's written request therefor accompanied by supporting invoices, (i) the cost for the tank and all costs associated with installation thereof and (ii) Tenant's pro-rata share of the total cost of the steel (or other) structure, including any installation costs relating thereto. In no event shall Tenant's installation costs under this Section 29.3662 exceed $62,500.00. In addition to Tenant being responsible for any fuel usage and the aforesaid installation costs, Tenant shall be entitled charged a fee of $1 500.00 per month, as Additional Rent, for use of the Farm. Under the supervision of Landlord and at Tenant's sole cost and expense, Tenant shall (i) complete the installation of the Generator and (ii) the connection of the electricity from the Generator to the Premises in accordance with all of the provisions of Article 54 herein, the plans and specifications therefor approved by Landlord and any other reasonable rules and regulations of the Building. Tenant shall also be responsible for the cost of the installation, service, repair, replacement and maintenance of the Generator and related equipment, cabling, conduits, wire and transfer switches and for any repair or damage caused by the Generator or by Tenant or any of its employees, agents, contractors or invitees, and the Generator shall be treated as if the Generator were part of Tenant's personal property located within the Premises. Without limiting the generality of the foregoing, all provisions of this Lease with respect to Tenant's alterations and Tenant's obligations to comply with laws and insurance requirements, maintaining insurance, indemnifying Landlord and performing repairs and maintenance shall apply to Tenant's installation, use and maintenance of the Generator. Tenant shall maintain the Generator in good order and repair and Tenant, its employees, agents and contractors shall have access to the Farm for the purposes of installation, maintenance and repair of Tenant's Generator at reasonable times, which times (except in the case of emergency) shall be arranged in advance with Landlord. Landlord or its representatives may accompany Tenant whenever Tenant, its employees, agents or contractors enter the Farm. Notwithstanding the foregoing to the contrary, Tenant's right to install, operate and maintain a generator the Generator shall be subject to (i) Landlord's construction of such Farm and any other equipment related thereto(ii) Tenant obtaining all necessary governmental permits and approvals required for the installation and operation of the Generator, including, without limitation, a fuel systemall federal, wiring state and shaft space (“Generator”) next local permits and approvals, which permits and approvals shall remain in effect at all times that the Generator is located in the Farm. Landlord shall have the right to, or to require Tenant to, move the Building at Tenant’s sole cost and expense (without paying any additional fee Generator to another location designated by Landlord or rental to Landlord for cease the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) operation of the Generator by Landlord and to Landlord for its review and written approval. Tenant remove same if the Generator shall be solely responsible for the cost in violation of acquisition, installation, operation, and maintenance of the Generator; and Tenant applicable law or shall install, maintain and operate the Generator in accordance interfere with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generatorother facilities. Finally, Tenant’s insurance obligations under Section 10.3 Tenant acknowledges that any testing of the Lease Generator shall apply to only take place after normal business hours of the GeneratorBuilding.
Appears in 1 contract
Sources: Office Building Lease Agreement (Broadview Networks Holdings Inc)
Generator. Subject to the provisions of this Section 29.36terms hereof and Applicable Laws, Tenant shall be entitled have the right to install, operate and maintain install a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next in a location to be mutually and reasonably agreed upon by Landlord and Tenant (the Building “Generator Area”); provided, however, if the Generator Area is located in a project parking area, then the number of surface reserved parking passes allocated to Tenant shall be reduced by the number of whole and/or partial parking spaces used to create the Generator Area. 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 and/or use of the 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 (without paying any additional fee or rental expense, Landlord shall permit Tenant to Landlord for install and maintain the use thereof). Prior to Generator in the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the GeneratorGenerator Area, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of connections between the Generator to Landlord for its review and written approvalLandlord’s electrical systems in the Building(s), all in compliance with all Applicable Laws. Such 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 solely responsible 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. Tenant shall submit the cost of acquisition, installationspecifications for design, operation, installation and maintenance of the Generator; and Tenant shall install, maintain and operate connections to the Generator in accordance with all federaland facilities related thereto to Landlord for Landlord’s consent, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall which consent will not be required to remove unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the Generatoradvice of Landlord’s engineers, any associated cabling, wiring and screening so that the Building’s systems or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes components of the Building due to are not adversely affected by the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s insurance obligations under sole responsibility, but which costs shall be deemed a “Tenant Improvement Allowance Item” pursuant to Section 10.3 2.2.1 of the Tenant Work Letter. All repairs and maintenance of the Generator shall be the sole responsibility of Tenant, and Landlord makes no representation or warranty with respect to such Generator. Tenant shall remove the Generator and all related facilities and equipment upon the expiration or earlier termination of this Lease shall apply and repair all damage to the Building and/or Project resulting from such removal and restore all affected areas to 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 shall survive the termination or earlier expiration of this Lease. The Generator shall be deemed to be a part of the Premises for purposes of the indemnification and insurance provisions of this Lease, and Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto.
Appears in 1 contract
Sources: Office Lease (Ixia)
Generator. Subject Subtenant has informed Sublandlord that Subtenant wishes to use the existing 1 megawatt emergency backup generator (the “Generator”) which is currently in place on a pad adjacent to the provisions of this Section 29.36, Tenant 331 Building (the “Generator Area”). Sublandlord agrees that Subtenant shall be entitled to installuse and operate the Generator to provide emergency backup power to the Premises, so long as Subtenant obtains its own permits to use and operate the Generator (releasing Sublandlord from any liability with respect to the Generator) and complies with the terms of this Section 6.2. Subject to Section 8, the Generator will be delivered to Subtenant in good working condition and from and after such delivery, Sublandlord shall have no right to use and operate the Generator. Subtenant and its authorized personnel shall further have the right to access the Generator Area for purposes of testing, maintaining, refueling, replacing, repairing and operating the Generator, subject to force majeure and in compliance with any applicable Master Landlord rules and regulations. Subtenant shall maintain a generator and any other equipment related theretooperate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, a fuel systemapplicable zoning restrictions, wiring City and shaft space (“Generator”) next to the Building County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at TenantSubtenant’s sole cost and expense (without paying any additional fee all permits, certificates or rental to Landlord other authorizations required for the use thereof). Prior to the installation operation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant Subtenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate to ensure that the Generator is operated in accordance compliance with all federal, state, and local applicable laws, statutes, ordinances, rules and regulationsregulations and the terms of the Master Lease and any governing CC&Rs, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate ensure that the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon does not interfere with the expiration business operations or quiet enjoyment of earlier termination other tenants or occupants of the Lease TermCenter. Without limiting the indemnity set forth in Section 11.2 below, Tenant shall not be required to remove the GeneratorSubtenant hereby indemnifies, defends and holds Sublandlord harmless from and against any associated cablingclaims, wiring and screening suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or other improvements. Tenant shall not be entitled to grant ▇▇▇▇▇ (collectively, “Claims”) caused by or assign to any third party (other than a permitted assignee of Tenantresulting from Subtenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator, provided, that, Subtenant shall not be obligated to indemnify Sublandlord for Claims to the extent caused by or resulting from the negligence or willful misconduct of Sublandlord. FinallyImmediately prior to the Expiration Date, Tenantpromptly following Subtenant’s insurance obligations request, Sublandlord agrees to execute a quit claim ▇▇▇▇ of sale in form and substance reasonably acceptable to Sublandlord transferring any ownership interest Sublandlord has in the Generator to Subtenant, without warranty. Other than pursuant to such ▇▇▇▇ of sale, or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the Master Lease (including, without limitation, Section 10.3 11.2 thereof), Sublandlord shall not transfer, sell or convey the Generator to any party or permit any lien or encumbrance on the Generator. Unless otherwise required by the Master Landlord in accordance with the Master Lease, Subtenant shall remove the Generator upon expiration or earlier termination of this Sublease and repair any damage caused by such removal. If required by the Lease shall apply terms of applicable laws, rules or regulations, Subtenant will obtain at its cost and deliver to Sublandlord a copy of any closure or similar report issued by any governmental authority with respect to Subtenant’s cessation of use and removal of the Generator.
Appears in 1 contract
Sources: Sublease (Prothena Corp PLC)
Generator. Subject a. Landlord has agreed to sell to Tenant the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a [***] generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space located at the 1010 ▇▇▇▇▇▇▇▇ Premises (the “Generator”) next to for a price of One Hundred Dollars and No/100 ($100.00) (the Building at “Generator Fee”). Such sale shall be effectuated by Tenant’s sole cost and expense (without paying any additional fee or rental delivery to Landlord for of notice that it is ready to begin removing the use thereof)Generator along with the Generator Fee. Prior Promptly following Landlord’s receipt of such notice from Tenant, Landlord shall deliver to the installation Tenant of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, ▇▇▇▇ of Sale attached hereto as Exhibit A. The parties acknowledge and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of agree that the Generator to Landlord for its review is not a fixture and written approvalmust be fully removed by Tenant not later than September 30, 2017. Tenant shall be solely responsible for all restoration costs including the cost costs of acquisition, installation, operation, and maintenance disassembly of the Generator; Generator and Tenant shall install, maintain all associated above ground or underground storage tanks and operate the removal of the Generator from the Industrial Center. All such disassembly and removal shall be in accordance compliance with all federal, state, and local applicable governmental laws, statutes, ordinances, rules ordinances and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required regulations related to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, including but not limited to any Bay Area Air Quality Management District permits and other permits. Prior to the commencement of any work on the Generator or associated cabling, wiring and screening above ground or other improvements. underground storage tanks Tenant shall not provide Landlord with a detailed work plan, to be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld approved in Landlord’s discretion)reasonable discretion prior to the commencement of any work. Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause Notwithstanding the Generator to be moved to another location near the Buildingforegoing, at Landlord’s cost request made within three (3) business days after receipt of Tenant’s notice under this paragraph, Landlord may designate the [***] generator located at the 940 ▇▇▇▇▇▇▇▇ Premises as the “Generator” to be sold and expense. transferred to Tenant hereunder.
b. Except to the extent caused by the gross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall pay protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all personal property taxes on loss, claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use disassembly and operation removal of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)
Generator. 1.1 Subject to the provisions terms hereof and applicable laws, Tenant shall have the right to use one (1) back-up electrical generator of this Section 29.36a type, size and specifications reasonably approved by Landlord (the “Generator”) in a location reasonably approved by Landlord (the “Generator Area”). In no event shall Tenant permit the Generator to 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 obtaining all permits and other approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇’s operation and use 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) days following billing. 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 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 install, operate the Generator and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. All repairs and maintenance and compliance with laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense (without paying expense), and Landlord makes no representation or warranty of any additional fee or rental kind with respect to Landlord for the use thereof)such Generator. Prior The Generator shall be deemed to the installation be a part of the GeneratorPremises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall inspect the proposed location to determine a suitable location for the Generatormaintain, at Tenant’s cost, industry standard “boiler and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalmachinery” insurance coverage with respect thereto. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease TermAt Landlord’s request, Tenant shall not be required to remove the Generator, any associated cabling, wiring Generator and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative restore such area to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s condition that existed prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty upon the expiration or earlier termination of this Lease.
1.2 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 (30including, without limitation, court costs and reasonable attorneys’ fees) days of receipt of notice incurred in connection with or arising from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 1131701.06/SF372493-00050/1-31-20/pwn/pwn -38- any cause related to or connected with the use, operation, and/or repair of the LeaseGenerator and/or any acts, relating to omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the use contractors, agents, servants, employees, invitees, guests or licensees of Hazardous MaterialsTenant or any such person, shall apply to the use and operation of in connection with the Generator. FinallyIn the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s insurance obligations under Section 10.3 of the Lease shall apply 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 pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord’s standard administration fee. [no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -39-
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Generator. Subject Landlord grants to Tenant a license during the Lease Term (the "Generator License") to install, operate, and maintain in an area mutually agreed upon by Landlord and Tenant (the "Generator Area"), at Tenant's sole cost and expense, a generator facility, including the associated technology, switchgear, fuel storage, and enclosures related thereto (collectively, the "Generator"). All references to the provisions Premises shall include the Generator Area. The Generator License includes the right to connect to, access and use the relevant electric utility facilities at the Building. The Generator License is subject to the following conditions:
(i) Installation of this Section 29.36the Generator shall be pursuant to plans and specifications which shall be subject to the prior written approval of Landlord (which shall not be unreasonably withheld) of the type, size and height of the Generator as well as the manner of installation of the Generator (including the manner in which any cables are run between the Generator and the Building). Tenant acknowledges that Landlord may disapprove the installation of any Generator (including the initial installation) if Landlord determines, in its reasonable discretion, that the installation or operation of the Generator will materially adversely affect the operation of any of the Building’s systems or the operation of any other equipment elsewhere in the Building. Without limiting the foregoing, Landlord may require Tenant to install reasonable decorative screening and fencing around the Generator.
(ii) Tenant shall bear all costs to install, maintain, operate, replace and repair the Generator in compliance with all applicable Laws, which costs include, without limitation, (i) any structural modifications required to support the Generator, (ii) any screens or other improvements Landlord may reasonably require to protect the aesthetic quality of the Building, (iii) any fences that Landlord may reasonably require for safety reasons, (iv) any enclosures or other safety measures required by applicable Laws, and (v) the cost of all utilities consumed in the operation of the Generator.
(iii) Prior to commencement of installation, Tenant shall be entitled submit to installLandlord and obtain Landlord's approval of plans and specifications for the Generator, operate and maintain a generator and any other equipment related theretoinformation reasonably required by Landlord. Landlord's approval of Tenant's plans and specifications shall not be deemed a representation by Landlord that the plans and specifications comply with law or industry standards, nor is Landlord's approval a representation by Landlord of the adequacy of the mechanical design or proper operation of the Generator.
(iv) Prior to commencement of installation, Tenant, at its sole cost and expense, shall obtain all necessary governmental and regulatory approvals for the installation and use of the Generator from each governmental agency having jurisdiction over the installation or use of the Generator. Tenant may not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all such necessary permits and approvals.
(v) Tenant's use of the Generator shall comply with all applicable Laws.
(vi) All utility lines must be routed, anchored, buried and/or attached in accordance with good industry practices. The Generator must be identified with permanently marked, weatherproof tags at the following locations: (i) prominently on the exterior frame of each piece of the Generator; (ii) at the transmission line Building entry point; and (iii) at the interior wall feed through or any other transmission line exit point.
(vii) Tenant shall:
(A) promptly repair, to Landlord's reasonable satisfaction, any damage to the Building or the adjacent area caused by the installation, use, or removal of the Generator;
(B) keep and maintain the Generator in good condition and repair at all times;
(C) operate the Generator only for Tenant's use and benefit;
(D) take all necessary action (including installation of additional insulation) to minimize vibrations and sound disturbance in the Building resulting from the operation of the Generator; and
(E) perform testing of the Generator pursuant to a testing plan which shall be subject to Landlord's prior written approval and after Normal Building Hours.
(viii) The installation of the Generator, as well as all repairs or alterations to the Generator, or replacements of the Generator, must be performed by contractors approved by Landlord in its reasonable discretion.
(ix) Landlord shall have no obligation to provide any services, including, without limitation, a fuel systemelectric current, wiring to the Generator.
(x) Upon the expiration or earlier termination of this Lease, Tenant, at Tenant's expense, shall promptly remove the Generator and shaft space (“Generator”) next repair and restore all damage to the Building at Tenant’s sole cost and expense adjacent area caused by the removal.
(without paying any additional fee xi) Tenant has thoroughly inspected the Generator Area and accepts it in its "AS-IS" condition. Landlord makes no, and Tenant waives and releases Landlord from any, representations and warranties about the condition or rental to Landlord suitability of the Generator Area or the Building for the use thereof). Prior to installation and operation of the Generator.
(xii) Within 90 days after installation of the Generator, Tenant Tenant, at its cost, shall inspect the proposed location deliver to determine a suitable location for the GeneratorLandlord, and Tenant shall submit written either: (i) 2 reproducible copies of "as-built" plans and specifications relative (1/8" scale), or (ii) "as-built" plans and specifications in electronic CAD format reasonably acceptable to Landlord showing the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld equipment installed in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorconnection therewith.
Appears in 1 contract
Generator. Subject Tenant may install one generator and one generator house (not to exceed 800 contiguous useable square feet of ground area and 15 feet in height), reasonably necessary for Tenant's business operations in the Premises for emergency back-up purposes (the "GENERATOR", which defined term shall also refer to all related equipment, including but not limited to, one above-ground diesel fuel tank with a capacity of up to 2,000 gallons) and certain conduit (no greater than 6" in diameter) and wires to run within the said conduit to connect the Generator to Tenant's telecommunications equipment in the Building (the "GENERATOR CONDUIT"). The location of the Generator and Generator Conduit shall be as depicted on the Building Plot Plan (as defined in Exhibit A-1 hereto) attached hereto or as otherwise acceptable to Landlord and Tenant or at some other location within the immediate vicinity should a change in location be necessary due to governmental requirements or industry standards, provided that the installation, maintenance, repair, use and operation thereof complies with all governmental requirements and industry standards, and Tenant receives all approvals, consents, and permits required before the installation, maintenance, repair, use, and operation thereof. With respect to the provisions of this Section 29.36Generator and the Generator Conduit, Tenant shall be entitled to installresponsible for all installations, operate conducting all tests, maintenance and maintain a generator repairs, and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof)and operation of same, and for paying all costs and expenses in connection therewith. Prior to Before beginning the installation of the GeneratorGenerator and Generator Conduit, Tenant shall inspect the proposed location deliver to determine a suitable location for the Generator, and Tenant shall submit written Landlord final plans and specifications relative to therefor prepared by an engineer approved by Landlord and setting forth in detail the typedesign, size location, size, and proposed location (including any proposed screening) method of the Generator installation for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord for its review that all governmental requirements and industry standards have been satisfied. Landlord's approval shall not constitute a representation or warranty by Landlord that such plans and specifications comply with any governmental requirements or industry standards; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator shall initially be a 750 k.w. model or smaller, the installation of which shall be subject in all respects to Landlord's prior written approval. Upon Landlord's written approval of the plans and specifications therefore and the location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all governmental requirements and industry standards and the plans and specifications therefor and in a manner so as not to damage the Building or materially interfere with the use of any portion of the Building during normal business hours while such installation is taking place; thereafter, Tenant shall be solely responsible for the cost of acquisitionuse, installationmaintain, operation, and maintenance of the Generator; and Tenant shall install, maintain repair and operate the Generator in a good, clean, and safe condition and in accordance with all federal, state, governmental requirements and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsindustry standards. Tenant shall not be entitled to grant repair all damage caused by maintenance, repair, operation, or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation removal of the Generator and Generator Conduit, and, upon its removal, restore the portion of the area where it was located to its condition immediately before the installation thereof in accordance with Section 9 of the Lease. If Tenant fails to do so within thirty (30) days after the expiration date, then Landlord may deem the Generator and Generator Conduit abandoned by Tenant. During the term of receipt this Lease, Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of notice fluid from Landlord which includes proof the Generator or otherwise connected therewith and shall otherwise comply with all environmental requirements of such increase all governmental authorities and as reasonably imposed by Landlord. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no odors affecting the Building emanate therefrom. The Generator shall be installed, used, maintained, repaired, operated, and removed at Tenant's risk and expense and Tenant shall maintain insurance in taxes. Tenant’s indemnity obligations under respect thereof in accordance with Section 5.4.1.5 7(c) of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation . All testing of the GeneratorGenerator shall be performed after normal business hours and in accordance with a schedule to be submitted in advance in writing to Landlord. FinallyIT IS THE INTENTION OF THE PARTIES THAT TENANT BEAR ALL RISKS RELATING TO THE INSTALLATION, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorUSE, MAINTENANCE, OPERATION, REPAIR, INTERRUPTION, AND REMOVAL OF TENANT'S GENERATOR AND THE GENERATOR CONDUIT; THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, TENANT WILL PROTECT, DEFEND, INDEMNIFY AND HOLD FREE AND HARMLESS LANDLORD, THE PROPERTY MANAGER, ALL LENDERS, THEIR RESPECTIVE PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS, REASONABLE ATTORNEY'S FEES, COURT COSTS INCLUDING THE COST OF APPELLATE PROCEEDINGS, AND DISBURSEMENTS, ARISING OUT OF RESULTING FROM OR IN CONNECTION WITH, OR ALLEGED TO ARISE OUT OF, RESULTING FROM OR IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, REPAIR, USE, OPERATION, INTERRUPTION, AND REMOVAL OF THE GENERATOR AND THE GENERATOR CONDUIT, AND/OR ANY ACT OR OMISSION OF TENANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY TENANT OR ANYONE FOR WHOSE ACTS TENANT MAY BE LIABLE AS IT RELATES TO THE SCOPE OF THIS SECTION ____. THIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION Exhibit G-2 47 OF THE TERM OF THIS LEASE. THIS INDEMNITY IS IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY OTHER INDEMNITY IN THIS LEASE.
Appears in 1 contract
Sources: Office Lease (Lecstar Corp)
Generator. Subject to the provisions of this Section 29.368 and Tenant's payment of Generator Rent, Tenant shall be entitled to may (1) install, operate operate, and maintain one generator within the Project (in the area described in the next sentence) for Tenant's business operations for emergency back-up purposes, which generator will require either a generator and any other equipment related theretopropane, including, without limitation, a diesel or natural gas fuel system, wiring as more particularly described in Tenant's plans and shaft space specifications, and (“2) store fuel on the Premises or elsewhere within the Project (as described below), in such amounts as Tenant reasonably determines necessary for Tenant's generator (the "Generator”) next ," which defined term shall also refer to all related equipment including the Generator Fuel Tanks, as defined below). The Generator shall be installed at a location on the roof over the third floor of the Building at Tenant’s sole cost and expense (without paying any additional fee or rental reasonably acceptable to Landlord within the area shown on Exhibit A-2, provided that the installation, maintenance, use, and operation thereof complies with all Laws, and Tenant receives all approvals, consents, and permits required under applicable Law before the installation, maintenance, use, and operation thereof. To the extent that any permits or registrations are required for the use thereof)installation or operation of the Generator, they shall be obtained by Tenant in Tenant's name. Prior The fuel for the Generator shall be stored in tank located above ground in the portion of the Premises located
(1) the rentable square feet of the Premises shall be increased by the rentable square feet in the Expansion Space; (2) the per rentable square foot Basic Rent for the Expansion Space shall be equal to $22.50 per rentable square foot per year; and (3) Landlord shall not provide to Tenant any allowances (e.g. moving allowance, construction allowance, and the like) or other tenant inducements. Before beginning the installation of the Generator, Tenant shall inspect the proposed location deliver to determine a suitable location for the Generator, and Tenant shall submit written Landlord final plans and specifications relative to therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the typedesign, size location, size, and proposed location method of installation (including without limitation, separation walls, interstitial monitoring and ventilation system) for Landlord's review and approval, with approval shall not be unreasonably withheld, conditioned or delayed, together with evidence reasonably satisfactory to Landlord of compliance thereof with all Laws. Copies of such final plans and specifications shall be initialed by Landlord (unless deemed approved) and by Tenant, and promptly attached to and incorporated into this Lease by reference in place of Exhibit A-2. Landlord's approval of any proposed screening) such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with all Laws; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Upon reasonable approval of the plans and specifications therefor and the location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Laws and the plans and specifications therefor and in a manner so as not to Landlord for its review and written approval. damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall be solely responsible for the cost of acquisitionuse, installationmaintain, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in a good, clean, and safe condition and in accordance with all federalLaws. Provided no Event of Default exists, stateTenant may remove the Generator at any time during the Term, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate shall remove the Generator at the end of the Term as provided in Section 24. Tenant shall repair all damage caused by any governmental authority having jurisdictionthe installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building grounds where it was located to its condition immediately before the installation thereof, normal wear and tear and damage by casualty excepted. If Tenant fails to repair such damage and restore such Building grounds within 30 days after ▇▇▇▇▇▇▇▇'s request, Landlord may perform such work, and Tenant agree that, upon shall pay to Landlord all reasonable costs incurred in connection therewith within 30 days after ▇▇▇▇▇▇▇▇'s written request therefor. Tenant shall properly fuel and immediately remove from the expiration area surrounding the Generator any spills or other leaks of earlier termination of fluid from the Lease TermGenerator. Additionally, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use ensure that the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion)is properly exhausted at all times so no odors emanate therefrom. Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord The Generator shall be entitled to cause the Generator to be moved to another location near the Buildinginstalled, used, maintained, operated, and removed at Landlord’s cost Tenant's risk and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation All testing of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use be performed after normal business hours and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatormust be coordinated with Landlord.
Appears in 1 contract
Generator. Subject At no additional cost to Subtenant, Sublandlord shall provide Subtenant with access to and use of the existing Generator to connect each of the following in or serving the Subleased Premises to the provisions Generator: (a) all IDF closets, and (b) life safety systems. Subtenant shall have the right to install and maintain an additional emergency generator (together with piping, routing, feeders and conduits extending from such generator to the Subleased Premises) or replace the existing Generator, at Subtenant’s sole cost and expense. The size, specifications, capacity and location of this Section 29.36, Tenant the additional or replacement generator shall be entitled to installmutually agreed upon by the parties, operate and approved by Master Landlord if required under the Master Lease. Subtenant, at its sole cost and expense, shall obtain all necessary approvals and permits from the municipality required in connection with the installation of an additional generator. Subtenant, at its sole cost and expense, shall obtain and maintain at all times during the Term (including any Renewal Terms) a generator service and maintenance contract for the Generator, a copy of which shall be promptly provided to Sublandlord following mutual execution thereof. Subtenant acknowledges and agrees that Sublandlord is not making any other equipment related theretorepresentations or warranties whatsoever with respect to the Generator and that the Generator is being provided to Subtenant in its As-Is, Where-Is condition. Subtenant shall be solely responsible for all costs to operate, maintain, and repair the Generator during the Term, including, without limitation, a all fuel systemcosts, wiring and shaft space Sublandlord shall have no obligations whatsoever with respect to the Generator. Notwithstanding the foregoing, Sublandlord shall be responsible for any replacement of the Generator (the “Replacement Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation The cost of the Generator, Tenant Replacement Generator shall inspect be amortized in equal monthly amounts over the proposed location to determine a suitable location for useful life of the GeneratorReplacement Generator (including reasonable interest on the amortized cost), and Tenant Subtenant shall submit written plans and specifications relative to pay the type, size and proposed location monthly amortization payments coming due during the Term (including any proposed screeningRenewal Terms) of the Generator to Landlord for its review and written approvalas Additional Rent. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.DMEAST #35029637 v1019
Appears in 1 contract
Sources: Sublease Agreement (Trevena Inc)
Generator. Subject to the provisions of this Section 29.361.4, Tenant shall be entitled have the right to install, operate maintain, repair, replace and maintain a generator use, at no additional charge, an emergency generator, related connections, and any other equipment related theretoan appropriately sized ancillary fuel storage tank or similar above-ground fuel storage compartment (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next to the Building at ), in a location reasonably designated by Landlord. Tenant’s use of the Generator shall be upon all of the conditions of the Lease, except as modified below:
(i) Tenant shall be responsible, at its sole cost and expense expense, for installing the Generator. In addition to complying with Section 8.3, below, Tenant shall not install or operate the Generator until Tenant shall have obtained Landlord’s prior written approval of Tenant’s plans and specifications therefor, which approval by Landlord shall not be unreasonably withheld or delayed (without paying any additional fee or rental to and which approval may be given with the approval by Landlord of the plans for the use thereofFinish Work). Prior If Tenant determines that it is necessary to replace the Generator during the Term, Tenant shall obtain Landlord’s prior written approval of Tenant’s plans and specifications therefor, which approval by Landlord shall not be unreasonably withheld or delayed. At the expiration or earlier termination of the Lease the Generator shall become the property of Landlord, unless and to the installation extent Landlord instructs Tenant in writing at least sixty (60) days prior to the expiration of the Lease that Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of the Lease. If Landlord instructs Tenant to remove the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of remove the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, all related conduits and maintenance of the Generator; and Tenant shall install, maintain and operate other equipment serving the Generator in accordance with all federal, state, the provisions of this Lease and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining shall repair any and all permits, approvals and licenses required damage caused by such removal to install and operate the Generator by Landlord’s reasonable satisfaction.
(ii) Landlord shall have no obligation to provide any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required services to remove the Generator, any associated cabling, wiring and screening or other improvements. provided Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) have the right to use connect the Generator to existing base building utility systems and to connect to the utility systems serving the Premises through conduits between the location of the Generator and the Premises installed by Tenant, subject to Landlord’s right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 1.4, arrange for the metering and distribution of all utility services required for the operation of the Generator.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Generator without Landlord’s prior written consent (consent, which consent may shall not be granted unreasonably withheld or withheld in Landlord’s discretion). Upon reasonable advance notice to delayed.
(iv) Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled responsible for the cost of repairing any damage to cause the Generator to be moved to another location near the Building, Property or the office park caused by the installation, use and removal of the Generator.
(v) Except for assignees of Tenant or subtenants of all or a portion of the Premises, no other person, firm or entity shall have the right to connect to the Generator other than Tenant.
(vi) To the maximum extent permitted by law, Tenant’s use of the Generator shall be at Landlord’s the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Generator is damaged for any reason.
(vii) In addition to the indemnification obligations of Tenant set forth in this Lease including those contained in Section 9.4, below, Tenant shall, to the maximum extent permitted by law and except to the extent arising from the negligence or willful misconduct of Landlord or any Landlord Parties (as defined below), indemnify, defend and hold Landlord and the Landlord Parties harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation or other entity arising from the installation, use or removal of the Generator, except to the extent caused by the negligence of Landlord or any of its employees, contractors, managers or agents. Tenant shall, at its sole cost and expense, secure the approvals of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals for the Generator, and shall provide Landlord with copies of such approvals and permits prior to commencing any work with respect thereto. In addition, Tenant shall pay be solely responsible for all personal property taxes on costs and expenses in connection with the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leaseinstallation, relating to the use of Hazardous Materialsmaintenance, shall apply to the use and operation removal of the Generator. FinallyThe Generator will be maintained by Tenant in good working order and condition during the Term (as defined below). In connection therewith, Tenant’s insurance obligations under Section 10.3 Tenant shall provide Landlord with evidence on an annual basis of the Lease existence of a maintenance contract for the Generator with a service provider reasonably acceptable to Landlord. Tenant shall apply have access to those portions of the Building and the Property on which the Generator is located for the purposes of inspecting, repairing, maintaining and replacing the same, subject in all events to Landlord’s reasonable rules and regulations regarding such access (it being understood and agreed, without limiting the generality of the foregoing, that access to the Generatorrooftop of the Building is controlled by Landlord).
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.3629.35, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (but subject to possible application of the Tenant Improvements Allowance, and without paying any additional fee or rental to Landlord for the use thereof). Landlord shall identify the location for the Generator with reasonable consultation with Tenant. Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a if it is suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsimprovements and if Tenant paid for the Generator with the Tenant Improvements Allowance then the Generator shall remain at the Building. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Lease (Heat Biologics, Inc.)
Generator. Subject to the provisions of this Section 29.36, Tenant The Project shall be entitled to install, operate and maintain equipped with a generator and any other equipment related theretosufficient in Landlord's reasonable judgment to provide emergency power services for life safety systems of the Project, includingincluding the Premises. Landlord reserves the right to alter such backup generator or replace such generator with alternative emergency power services solely for life safety systems of the Project, without limitationincluding the Premises, as Landlord deems appropriate throughout the Term. Landlord shall provide Tenant with space in a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to location designated by Landlord for installation and maintenance of a diesel fuel powered generator and a diesel fuel tank (collectively, the use thereof"Generator"). Prior to If the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location space for the GeneratorGenerator is located in the Garage, it shall be no larger than the size of three (3) parking stalls and Tenant shall submit written plans and specifications relative to if the typespace for the Generator is elsewhere in the Building, the size and proposed location (including any proposed screening) cost of the Generator such shall be subject to Landlord for its review and written approvalLandlord's discretion. Tenant shall be solely responsible for complying with all laws, rules and regulations with respect to the cost Generator and, prior to commencement of acquisition, installation, operationTenant shall obtain all necessary governmental permits therefor. Tenant shall obtain insurance (naming Landlord as an additional insured) insuring against any loss or damage arising out of or relating to any contamination or release of any fuel from the Generator and shall not be permitted to install the fuel tank until Tenant has provided a certificate of such policy to Landlord. Tenant shall be permitted to install, maintain, remove and maintenance of replace cables or lines and ducts within the Generator; Building outside the Premises to connect the Generator to the Premises and to exhaust fumes at locations designated by Landlord. If the Generator is located in the Garage, Landlord will be prevented from selling parking permits for the space occupied by the Generator and Tenant shall installpay Landlord, maintain and operate as Rent for the space occupied by the Generator, a sum equal to the rate charged by Landlord for reserved parking spaces in the Garage which shall initially be equal to two hundred percent (200%) of the fee for a non-reserved Parking Pass under Section 14.22. The ------------- number of parking spaces eliminated to accommodate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required shall be deducted from Tenant's allocation of Parking Passes. Prior to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination end of the Lease Term, Tenant shall not be required to shall, if requested by Landlord, remove the Generator and associated equipment (including the diesel fuel tank) and properly dispose of same and shall restore the Building to its condition prior to installation of the Generator, any associated cabling, wiring and screening . If the Generator fails to work properly or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative provide power to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition)Premises, Landlord shall be entitled have no obligation or liability whatsoever with respect to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expensesuch failure. Tenant shall pay all personal property taxes on costs of designing, installing, operating and maintaining the Generator. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for the purpose of the Generator, and Landlord shall also pay any increases have no obligation to construct or designate additional riser space or other space outside the Premises to accommodate the Generator beyond what is included in the real property taxes Base Building Improvements or any changes or upgrades to the Base Buildings Improvements initially designed and approved by Landlord and paid for by Tenant pursuant to Exhibit C. Tenant --------- acknowledges that roof and riser space are a finite commodity and that Landlord may in its discretion limit Tenant's total use of such space to accommodate and take into account use of the Building due to systems and the installation needs of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorother Building tenants.
Appears in 1 contract
Generator. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and otherwise subject to the provisions TCC of this Section 29.36Article 8 and the CC&Rs, Tenant shall be entitled have the right to installinstall and maintain, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense expense, a backup generator in a location to be agreed to by Landlord and Tenant (without paying any additional fee or rental with due consideration given to Landlord for the use thereofvisibility and noise of such generator). Prior to the installation of the Generator, Such backup generator shall be used by Tenant shall inspect the proposed location to determine a suitable location for the Generatoronly during (i) testing and regular maintenance, and Tenant shall submit written plans and specifications relative to (ii) any period of electrical power outage in the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalBuilding. Tenant shall be solely responsible entitled to operate the generator for testing and regular maintenance only upon reasonable advance notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the cost of acquisition, installationspecifications for design, operation, installation and maintenance of the Generator; generator for Landlord’s consent, which consent shall 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 structural and mechanical engineers, so that the Building’s systems and equipment are not adversely affected. In addition, Tenant shall installensure that the backup generator does not result in any hazardous substances being introduced to the Building or Project. Further, maintain Tenant shall be responsible for ensuring that the backup generator does not unreasonably interfere with the use of the Building or Project by other tenants. Tenant shall ensure that the design and operate installation of the Generator backup generator is performed in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining a manner so as to minimize any and all permits, approvals and licenses required to install and operate excessive noise or vibration caused by such generator. Any generator installed by Tenant shall remain the Generator by any governmental authority having jurisdiction. Landlord and personal property of Tenant agree that, upon the expiration of earlier termination of throughout the Lease Term. Landlord may, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior by written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source at the time of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost approval only, and expense. as a condition of such approval, require Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay to remove and repair any increases in the real property taxes damage caused by such removal of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorgenerator.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, a. Tenant shall be entitled have the right to install, operate and maintain a install one (1) back-up electrical generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next in a location mutually acceptable to Landlord and Tenant (the Building “Generator Area”). In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Building. 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. If required by Landlord, Tenant, at Tenant’s sole cost and expense expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord’s sole 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, 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 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 paying 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 and otherwise subject to the provisions of this Lease 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 additional fee or rental 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 submit the specifications 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 use thereof)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 Landlord. Prior The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s sole responsibility. 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -65-
b. Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect to the Generator. Tenant shall indemnify, defend, protect, and hold harmless Landlord for all Claims incurred in connection with or arising from any cause related to or connected with the installation, use, operation, repair and/or removal of the Generator other than to the extent caused by the acts, omissions or negligence of Landlord.
c. At Landlord’s option, Landlord may require that Tenant remove the Generator and all related facilities and equipment upon the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant’s installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of at Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s sole cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. A. Subject to the provisions of this Section 29.36all applicable Laws, Tenant shall be entitled have the right to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s its sole cost and expense (without paying any additional fee or rental expense, equipment to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative provide an uninterrupted power supply to the Premises on a 24 hour, 7 day per week basis (provided such equipment has been approved by Landlord, which approval not to be unreasonably withheld, conditioned or a portion thereofdelayed)) . In connection therewith, Tenant will have the right and option, but not the obligation, to use locate an emergency generator (up to 1000 kW) and a fuel tank to power same in the Generator without Landlord’s prior written consent initial location on the top level of the Garage as shown on Exhibit I attached hereto or such other location as Landlord may reasonably require (which consent may be granted or withheld in Landlord’s discretionbut such area shall not exceed three parking spaces). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generatorprevailing monthly parking rate for reserved spaces in the Garage (as such rate may be adjusted from time to time) for any parking spaces utilized by Tenant in connection with its use of such space, which shall be payable in the same manner applicable to parking charges; provided that Tenant’s use of any such parking spaces shall not count against the parking spaces allotted to Tenant pursuant to Exhibit E attached hereto. Tenant shall also pay any increases additionally be entitled to reasonable use of the risers and chaises in the real property taxes Garage and the Building, and in the connections between the two, to deliver all power produced by its emergency generator to the Premises. Landlord represents and warrants to Tenant that the top floor of the Building due Garage is capable of carrying a load of at least 50 pounds per square foot. Such generator shall be screened from public view in a manner reasonably acceptable to Landlord. Landlord shall have the installation right to require Renaissance Tower/ Priority Fulfillment Services, Inc. Tenant, upon not less than sixty (60) days prior written notice (except in cases of the Generator emergency), to relocate such generator to another area reasonably suitable therefor, in which event Landlord shall reimburse Tenant within thirty (30) days after demand for its reasonable and actual out-of-pocket expenses incurred in relocating such generator.
B. Unless and until such time as Tenant shall install an emergency power system pursuant to Section 15.26(A) above and such system being fully operational, Tenant shall, during the initial Term as set forth in Item 8 of receipt the Basic Lease Provisions, have the right to use up to one hundred and forty kilowatts (140kw) of notice from the electricity generated by the existing auxiliary emergency generator located in the loading dock area of the Building or any replacement for such existing generator as Landlord which includes proof may elect to install (such existing or replacement generator, the “Building Generator”) in situations when Tenant is not receiving electrical power to the Premises, subject to all applicable Laws and the following terms and conditions:
(1) With respect to any remaining Building Generator capacity (as same may become available), Tenant acknowledges and agrees that Landlord shall be entitled to make such remaining capacity available for use by other occupants of the Building.
(2) On or before the Commencement Date, and on or before each anniversary of such increase date during the Term, Tenant shall pay to Landlord, in taxes. advance without notice or demand, an annual sum of $4,900.00 (the “Generator Rental”).
(3) Tenant shall bear any and all costs and expenses related to connecting the Premises to the Building Generator and the existing ▇▇▇▇ risers.
(4) No irregularity or stoppage of any electrical service from the Building Generator will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s indemnity obligations under Section 5.4.1.5 personal property or business activities caused by any such irregularity or stoppage), and Tenant hereby waives all claims against Landlord for and holds Landlord harmless from and against any and all liability, loss, claims, demands, damages or expenses (including reasonable attorneys’ fees) due to or arising out of the Lease, relating failure of the Building Generator to provide electricity.
(5) The rights set forth in this Section are personal to the use Original Tenant and shall not inure to the benefit of Hazardous Materialsany assignee, subtenant or other transferee of this Lease or of the Premises (excluding an assignment or sublease to an Affiliate). Tenant shall not permit the Building Generator to be used by others without Landlord’s prior written consent. Such consent, once obtained, shall apply not be a waiver of this covenant in its future application.
(6) Tenant reserves the right to discontinue its right to use the Building Generator upon sixty (60) days written notice to Landlord. Upon the effective date such usage right is discontinued, Landlord shall have no further obligations, and Tenant shall have no further rights, under this Section.
(7) At any time the Premises are not connected to the use and operation Building Generator, Landlord may notify Tenant in writing of the Generator. Finally, its intent to terminate Tenant’s insurance obligations rights under this Section 10.3 15.26(B), and if Tenant fails to connect the Premises to the Building Generator within sixty (60) days after the date of such notice, then Landlord may terminate such rights.
(8) In the event Tenant elects to discontinue its right to use the Building Generator or Landlord elects to terminate such rights as provided in the preceding paragraph, Landlord shall promptly refund to Tenant the unused portion of any prepaid Generator Rental, as prorated from the date on which Tenant disconnects the Premises from the Building Generator and any ▇▇▇▇ risers (or, if the Premises are not so connected, the date on which such election by Tenant or Landlord is made).
(9) At Landlord’s written request upon the earlier of (i) the expiration or earlier termination of the Lease or of Tenant’s right to possess the Premises, or (ii) the effective date of any election by Renaissance Tower/ Priority Fulfillment Services, Inc. Tenant to discontinue its right to use the Building Generator, Tenant shall apply promptly disconnect the Premises from the Building Generator and any ▇▇▇▇ risers. If Tenant fails to promptly perform said disconnection, Landlord may perform same at Tenant’s expense, and Tenant shall reimburse Landlord for any such costs within thirty (30) days after demand therefor. From time to time during the Term, Landlord shall have the right to relocate the Building Generator at Landlord’s expense to another area reasonably suitable therefor.
(10) If (i) the Building Generator should fail to function properly, and (ii) in Landlord’s opinion, repairing the Building Generator is either not feasible or cost prohibitive, then upon Landlord’s written notice to Tenant of same, Landlord shall have no further obligations, and Tenant shall have no further rights, as to the Building Generator following the date of such notice. Notwithstanding the foregoing, if Landlord in its sole discretion elects to install a new Building Generator in replacement of a failed or obsolete Building Generator, then Tenant’s rights under this Section 15.26(B) shall be reinstated upon such installation.
Appears in 1 contract
Sources: Office Lease Agreement (Pfsweb Inc)
Generator. Subject Tenant shall be permitted to install and maintain an above-ground generator and associated equipment and fuel storage solely to serve Tenant's and Tenant's approved or permitted assignee's or sublessee's operations within the provisions Premises, provided that the generator it included as part of the plans and specifications described in Section 35.1 above or through a later plan submission by Tenant to Landlord. The generator shall be installed within a self-contained enclosure at a location on the Property to be mutually agreed upon by Landlord and Tenant. Landlord grants to Tenant the license and right during the Term of this Section 29.36Lease (i) to utilize common area space and conduits which exist on the Property and in the Building for the purpose of using existing risers and conduit and/or installing conduit (in the event existing conduit space is insufficient), (ii) to install cable in, across and through such risers and conduit, and (iii) to make connections to all common area electrical and mechanical closets as necessary for the use of such cable for the purposes of connection of Tenant's equipment and facilities within the Building to Tenant's equipment and facilities in the Building. The location of such risers and conduit shall be designated by Landlord in its reasonable discretion. Prior to exercising any rights under this Section, Tenant shall be entitled to install, operate provide Landlord with plans and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord specifications for the use thereof). Prior to the installation of the Generatorgenerator prepared at Tenant's sole cost and expense, (collectively the "Plans"). The method of installation of the generator, including all conduit or cable, shall be included in Tenant's Plans. Tenant's Plans shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant's maintenance, use and removal of the generator and related equipment shall be performed by or on behalf of Tenant shall inspect the proposed location to determine (a) at Tenant's sole risk, cost and expense, (b) in a suitable location for the Generatortimely, good and work▇▇▇-▇▇▇e manner, (c) using only licensed contractors approved by Landlord, and Tenant shall submit written plans (d) without interference to Landlord, or other tenants or occupants of Building and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalProperty. Tenant shall be solely responsible for bear all costs incurred in the cost exercise of acquisition, installation, operation, its rights set forth above and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator exercise these rights in accordance full compliance with all applicable federal, state, and local governmental laws, statutesregulations and rules (including without limitation the obtaining of all required permits) or any other requirements reasonably imposed by Landlord or covenants of record encumbering the Property. Tenant shall provide copies of all such required approvals within ten (10) days after written request from Landlord. Tenant shall replace or restore any disturbance or damage caused to the Building or Property, ordinancesand as a result of the removal of the generator and associated equipment, rules reasonable wear and regulationstear excepted. Notwithstanding anything to the contrary contained in this Lease, Tenant shall fully indemnify Landlord and its mortgagee against all loss or damage of whatever kind or nature, including without limitationbut not limited to third party claims, obtaining arising or in any manner connected with Tenant's use, maintenance or removal of its generator and maintaining any related facilities, unless caused by Landlord's negligence or willful misconduct. Any alteration, additions or improvements constructed by Tenant in the course of exercising its rights under this Section shall be deemed to be Personalty, and all permits, approvals and licenses required to install and operate the Generator shall be removed by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon at the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove Term and the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord area affected shall be entitled restored to cause substantially the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due same condition as existed immediately prior to the installation of the Generator equipment, reasonable wear and tear excepted. If applicable, within ten (10) days after written request from Landlord, Tenant shall supply Landlord with written evidence from the applicable governmental authorities that the generator has been removed in accordance with all applicable governmental regulations. All costs incurred by Landlord in connection with Tenant's installation, use, maintenance and removal of the generator and related equipment, including but not limited to, additional utility costs or additional insurance premiums therefor, shall be deemed additional rent and paid by Tenant hereunder within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Landlord's invoice(s) therefor to Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36terms hereof, Tenant shall be entitled have the right to install, operate and maintain install a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next in a location mutually and reasonably agreed upon by Landlord and Tenant. Subject to the Building 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 (without paying any additional fee or rental expense, Landlord shall permit Tenant to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for install and maintain the Generator, and connections between the Generator and Landlord’s electrical systems in the Building, all in compliance with all Applicable Laws. Such Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Buildings. Tenant shall submit written plans and the specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installationdesign, operation, installation and maintenance of the Generator; and Tenant shall install, maintain and operate connections to the Generator in accordance with all federaland facilities related thereto to Landlord for Landlord’s consent, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall which consent will not be required to remove unreasonably withheld, conditioned or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee advice of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition)engineers, Landlord shall be entitled to cause the Generator to be moved to another location near so that the Building, at Landlord’s cost Systems are not materially and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to adversely affected by the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s insurance obligations under Section 10.3 sole responsibility. All repairs and maintenance of the Generator shall be the sole responsibility of Tenant, and Landlord makes no representation or warranty with respect to such Generator. At Landlord’s option, Landlord may require that Tenant remove the Generator and all related facilities upon the expiration or earlier termination of this Lease shall apply and repair all damage to the Project resulting from such removal, at Tenant’s sole cost and expense. To the extent Tenant delivers a Removal Designation Reminder in the same manner as set forth in Section 8.5 of this Lease with Tenant’s plans and specification for the Generator when submitted for Landlord’s approval, Landlord shall make such election concurrently with Landlord’s approval of the Generator. The terms of the preceding sentence shall survive the termination or earlier expiration of this Lease. The Generator shall be deemed to be a part of the Premises for purposes of the indemnification and insurance provisions of this Lease, and Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto.
Appears in 1 contract
Sources: Office Lease (Electronic Arts Inc)
Generator. Subject to the provisions of this Section 29.36Sections 11 and 12, Tenant shall be entitled to may install, operate operate, and maintain a generator and any other equipment related thereto, including, without limitation, a up to eight (8) 1,250 Kw diesel fuel system, wiring and shaft space generators reasonably necessary for Tenant’s business operations in the Premises for emergency back-up purposes (the “Generator”, which defined term shall also refer to eight (8) associated above-ground 2,000-gallon diesel fuel tanks and all related equipment) next to at a location on the Building at grounds acceptable to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Legal Requirements, and Tenant receives all approvals, consents, CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. To the extent that any permits or registrations are required for the installation or operation of the Generator, they shall be obtained in Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof)name. Prior to Before beginning the installation of the Generator, Tenant shall inspect the proposed location deliver to determine a suitable location for the Generator, and Tenant shall submit written Landlord final plans and specifications relative therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls, interstitial monitoring and ventilation system) for Landlord’s review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied Landlord’s approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the typeLegal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, which shall include, without limitation, the installation of a metal weather-protective covering and a noise dampening system, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and proposed location (including any proposed screening) weight shall be subject in all respects to Landlord’s prior written approval, not to be unreasonably withheld. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to Landlord for its review and written approval. damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall be solely responsible for the cost of acquisitionuse, installationmaintain, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in a good, clean, and safe condition and in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvementsLegal Requirements. Tenant shall not be entitled to grant repair all damage caused by the installation, use, maintenance, operation, or assign to any third party (other than a permitted assignee removal of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition)and, Landlord shall be entitled to cause upon its removal, restore the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes portion of the Building due grounds where it was located to its condition immediately before the installation of the Generator thereof. If Tenant fails to do so within thirty (30) days after Landlord’s request, Landlord may perform such work, and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within thirty (30) days after Landlord’s written request therefor or Landlord may deem the Generator abandoned by Tenant and use such Generator without compensation to Tenant. Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of receipt of notice fluid from Landlord which includes proof of such increase in taxesthe Generator. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no unusual, disruptive or noxious odors emanate therefrom. The Generator shall be installed, used, maintained, operated, and removed at Tenant’s risk and expense and Tenant shall maintain insurance in respect thereof reasonably satisfactory to Landlord, listing Landlord and the Building manager, as additional insureds. Notwithstanding Landlord’s indemnity obligations under contained in Section 5.4.1.5 18.(b), it is the intention of the Lease, parties that Tenant bear all risks relating to the use of Hazardous Materialsinstallation, shall apply to the use use, maintenance, operation and operation removal of the Generator. Finally; therefore, Tenant’s insurance obligations under Section 10.3 Tenant shall defend, indemnify, and hold harmless Landlord, its agents, and their respective affiliates from all losses, claims, costs, and liabilities arising in connection with or relating to the installation, maintenance, use, operation, and removal of the Lease Generator, including, without limitation, that arising from Landlord’s negligence (other than its sole or gross negligence or intentional misconduct). All testing of the Generator shall apply be performed after normal business hours (i.e. on weekends), in accordance with all Legal Requirements, in a manner so as to minimize any noise, interference or disruption to the Generatorother tenant’s of the Project, and must be coordinated with Landlord.
Appears in 1 contract
Sources: Assignment of Lease
Generator. Subject (a) Landlord shall, at its sole cost and expense, install an emergency generator (up to two hundred (200) kVA capacity) and an uninterrupted power supply system, associated fuel tanks, fuel lines and emergency power distribution (collectively, the “Generator”) for the exclusive use by Tenant in a location reasonably designated by Landlord and substantially in accordance with the specifications shown on Exhibit L attached hereto. In connection with such installation, Landlord shall (i) provide to Tenant an electric riser from the Generator to the provisions of this Section 29.36south electrical closet in the 20th Floor Premises (or such other location within the Premises reasonably designated by Landlord and reasonably acceptable to Tenant) and (ii) complete all required filings and use commercially reasonable efforts to obtain final signoffs with respect thereto as and to the extent required under Laws.
(b) Tenant shall, Tenant shall be entitled at its sole cost and expense and subject to installArticle 4 hereof, operate cause its contractor to perform any and maintain a generator all work necessary to connect the Premises to the Generator and any other equipment related thereto, work reasonably necessary in connection therewith including, without limitation, the installation of a switchgear and distribution within the Premises, provided such connection work shall only be performed in accordance with all provisions hereof applicable to Alterations and upon reasonable prior notice to Landlord and under the supervision of Landlord’s representative (who shall be made available to Tenant at reasonable times upon reasonable advance notice from Tenant).
(c) Landlord shall use commercially reasonable efforts to maintain sufficient fuel systemin the fuel tank serving the Generator so that the Reserved Generator Capacity may be run continuously at full capacity for at least a 24 hour period. Landlord shall, wiring and shaft space (“Generator”) next to the Building at Tenant’s its sole cost and expense expense, initially fill the fuel tank serving the Generator. With respect to any subsequent re-fueling or refilling of such Generator fuel tank, Tenant shall reimburse Landlord, within thirty (without paying any additional fee or rental to 30) days after receipt of Landlord’s demand therefor, for the actual out-of-pocket costs incurred by Landlord for such Generator fuel. Notwithstanding anything to the contrary contained herein, Landlord shall have no liability to Tenant for any loss, damage or expense which Tenant may sustain or incur by reason of any change, failure, inadequacy or defect in the supply or character of the fuel furnished to the Generator or in the operation and maintenance of the Generator or if the quantity or character of the fuel is no longer available or suitable for Tenant’s requirements or otherwise relating, directly or indirectly, in any way or manner to the Generator, except for any actual damage suffered by Tenant caused solely by Landlord’s gross negligence or willful misconduct. Except if caused by Landlord’s gross negligence or willful misconduct and subject to Section 7.03 hereof, Tenant shall hold Landlord harmless from any loss, damage, claim or expense arising out of Tenant’s installation, use thereofor operation of the Generator.
(d) Upon Landlord’s installation of the Generator, Landlord and Tenant shall reasonably cooperate and coordinate to perform a joint test of the Generator. In advance of such test, Landlord shall furnish to Tenant the testing procedures for the Generator, which procedures shall be subject to Tenant’s reasonable approval. Tenant agrees that all testing of the Generator shall be performed on Sunday (or during other non-Business Hours reasonably acceptable to Landlord); it being agreed that Tenant shall reasonably cooperate with Landlord in the event that Landlord or its third party maintenance company needs to test the Generator during Business Hours.
(e) Landlord shall engage a third party maintenance company to (i) maintain and repair the Generator and keep the same in good working order (including, without limitation, entering into and keep in full force and effect, (ii) to obtain and keep in full force and effect all licenses and permits required under Laws with respect to the Generator, (iii) to comply with all Laws relating to the use, operation, maintenance and repair of the Generator, and (iv) to perform periodic testing (not less frequently than two (2) times per annum) in a manner reasonably satisfactory to Landlord. Prior to such engagement, Landlord shall furnish to Tenant the maintenance contract with said third party company, which contract shall be subject to Tenant’s reasonable approval. Tenant shall reimburse Landlord, within thirty (30) days after receipt of Landlord’s demand therefor, for the actual out-of-pocket costs and expenses incurred by Landlord under the maintenance contract or otherwise payable to the third party maintenance company with respect to the Generator.
(i) Simultaneously with the installation of the Generator, Tenant Landlord shall inspect install a dry cooler on the proposed location roof of the Building, which dry cooler shall have the ability to determine a suitable location for support no more than 20 tons of air-conditioning (the Generator“Dry Cooler”), and Tenant shall submit written plans perform all work necessary (including, without limitation, installation of circulating pumps, an expansion tank and specifications relative associated pipe risers) to connect the Dry Cooler (x) to the typeGenerator and (y) to the 20th Floor Premises (collectively, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval“Dry Cooler Installation Work”). Tenant shall be solely responsible reimburse Landlord, within thirty (30) days after receipt of Landlord’s demand therefor, for the cost of acquisition, installation, operation, and maintenance fifty (50%) percent of the Generator; actual reasonable costs and expenses incurred by Landlord in connection with the Dry Cooler Installation Work. In the event Tenant shall install, maintain and operate requires a Dry Cooler with the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required capability to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration support no more than 30 tons of earlier termination of the Lease Termair-conditioning, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided notify Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of the date hereof (or such earlier date if requested by Landlord) and shall reimburse Landlord, within thirty (30) days after receipt of notice Landlord’s demand therefor, for one hundred (100%) percent of the actual incremental costs and expenses incurred by Landlord in connection with such increased capacity (from the 20 tons mentioned in the first sentence hereof).
(ii) Landlord which includes proof shall maintain and repair the Dry Cooler and all related pipe risers and equipment installed in connection with the Dry Cooler Installation Work (collectively, the “Dry Cooler Maintenance Obligation”). Tenant shall reimburse Landlord, within thirty (30) days after receipt of such increase Landlord’s demand therefor, for any and all of the actual reasonable costs and expenses incurred by Landlord in taxesconnection with the Dry Cooler Maintenance Obligation.
(g) The rights granted pursuant to this Section 9.22 shall terminate upon the expiration or sooner termination of this Lease. Tenant shall use the Generator for its own use (and the use by Tenant’s indemnity obligations permitted subtenants, Affiliates and Desk Space Users) as contemplated under this Section 5.4.1.5 9.22 and shall not sell any services arising out of the Lease, relating to the use of Hazardous Materials, shall apply the Generator to the use and operation (i) any other tenant or occupant of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of Building or (ii) the Lease shall apply to the Generatorgeneral public.
Appears in 1 contract
Generator. Subject to the provisions of this Section 29.36, a. Tenant shall be entitled have the right to install, operate and maintain a install one (1) back-up electrical generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental in a location mutually acceptable to Landlord for and Tenant (the use thereof“Generator Area”). Prior to the installation of the Generator, In no event shall Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of permit the Generator to Landlord for its review interfere with normal and written approvalcustomary use or operation of the Building. Tenant shall be solely responsible for the cost any and all costs, if any, incurred by Landlord as a result of acquisition, or in connection with Tenant's installation, operation, and maintenance use and/or removal of the Generator; and . In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Termherein, Tenant shall not be required to remove reimburse Landlord for the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator same within thirty (30) 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 sole discretion) in order to satisfy Landlord's aesthetic requirements in connection with the Generator. Subject to Landlord's prior approval of receipt of notice from all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord which includes proof of such increase shall permit Tenant to install and maintain the Generator in taxesthe Generator Area, and connections between the Generator and Landlord's electrical systems in the Building, all in compliance with all applicable laws. Tenant’s indemnity obligations under Section 5.4.1.5 Without limitation of the Leaseforegoing, all conditions relating to the use installation, connection, use, repair and removal of Hazardous Materialsthe Generator (including, shall apply without limitation, the manner and means of Tenant's connection of the Generator to the use 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 and otherwise subject to the provisions of this Lease 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 used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall submit the specifications 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 are not adversely affected by the installation and operation of the GeneratorGenerator and/or based upon other reasonable factors as determined by Landlord. Finally, Tenant’s insurance obligations under Section 10.3 The cost of design (including engineering costs) and installation of the Lease Generator and the costs of the Generator itself shall apply be Tenant's sole responsibility. 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -65-
b. Tenant shall maintain, at Tenant's cost, industry standard “boiler and machinery” insurance coverage with respect to the Generator. Tenant shall indemnify, defend, protect, and hold harmless Landlord for all Claims incurred in connection with or arising from any cause related to or connected with the installation, use, operation, repair and/or removal of the Generator other than to the extent caused by the acts, omissions or negligence of Landlord.
c. At Landlord's option, Landlord may require that Tenant remove the Generator and all related facilities and equipment upon the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generator, all at Tenant's sole cost and expense.
Appears in 1 contract
Generator. Subject Landlord shall, as part of the Work (as defined in Exhibit C attached hereto and made part hereof) perform the work necessary to connect the equipment located in Tenant’s IT Room to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a back-up generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space servicing the Building (“Generator”) next ). In no event shall the Tenant’s IT equipment place a load of greater than 11 KW upon the Generator. The Generator shall be in good operating condition during the Term of the Lease and any extension thereof. Except as otherwise set forth herein, Landlord is under no obligation to perform any work or provide any materials to prepare the Generator for Tenant. Tenant shall not make any alterations, improvements or additions to the Building at Generator. Landlord shall maintain and repair the Generator. Notwithstanding anything contained in this Lease to the contrary, Landlord shall not be liable, under any circumstances, except to the extent arising from the gross negligence or willful misconduct of Landlord, its agents, servants or invitees, for loss of or injury to Tenant or to Tenant’s sole cost and expense (without paying any additional fee property, however occurring, through or rental to Landlord for the use thereof). Prior in connection with or incidental to the installation operation or use of the Generator, Tenant shall inspect the proposed location but in no event for any interruption to determine a suitable location for the GeneratorTenant’s business, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalhowever occurring. Tenant shall be solely responsible pay Landlord, Tenant’s pro-rata share of all costs incurred by Landlord for the cost of acquisition, installation, operation, repair and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination as well as Tenant’s pro-rata share of the Lease Term, Tenant shall not be required cost to remove provide fuel to the Generator, any associated cabling, wiring . Such costs shall be due and screening or other improvementspayable as Additional Rent upon Landlord’s demand therefore. For purposes hereof Tenant’s pro-rata share shall be deemed to be .88 % (Tenant’s KW/1250 KW). Tenant shall not be entitled have the right, subject to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may approval to increase it’s load upon the back-up generator, but in no event more than 22 KW, such increase being subject to the availability of such additional KWs. Landlord reserves the right to refuse any proposed KW load increase by Tenant in the event that Landlord shall determine, in its sole discretion, that such increase will impair any emergency or life safety equipment in the Building. Landlord shall maintain the Generator and related equipment and perform Building standard testing with respect thereto. Building standard testing shall consist of running the Generator under no-load conditions monthly and performing an annual “pull-the-plug” test. The cost of such maintenance and testing shall be granted or withheld in Landlord’s discretion). Upon reasonable advance notice billed to Tenant in accordance with the immediately preceding paragraph. If Tenant requires additional testing of the Generator after the Commencement Date, all costs of same, (i.e. incremental costs of labor, materials, and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord fuel) shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and solely borne by Tenant as a direct expense. Tenant shall pay all personal property taxes on has the Generatorright to run or cause Landlord to run the Generator during any utility failure or other emergency. If Landlord decides not to run the Generator during said periods, Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator reimburse Landlord, within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 billing, for all of the Lease, relating costs to run the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorGenerator during said periods.
Appears in 1 contract
Generator. Subject Tenant shall have the right to connect to the provisions Building back-up generator, which Landlord shall install as part of this Section 29.36Landlord’s Work (the “Generator”), for Tenant’s Share of the Generator’s capacity available to tenants of the Building to provide back-up generator services to the Premises. During the Lease Term, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building such Generator at Tenant’s sole cost and expense (without paying expense. Notwithstanding the foregoing, Landlord shall not be liable for any additional fee or rental to Landlord for the use thereof). Prior to the installation damages whatsoever resulting from any failure in operation of the Generator, Tenant shall inspect or the proposed location to determine a suitable location for the GeneratorEXHIBIT C -4- THE COVE AT OYSTER POINT [First Amendment] [Global Blood Therapeutics, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) Inc.] failure of the Generator to Landlord for its review provide suitable or adequate back-up power to the 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 each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and written approvalother records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall be solely responsible for the cost of acquisition, installation, operation, and maintenance apply to Tenant’s use of the Generator; Generator and Tenant shall install, maintain carry industry standard Boiler and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on machinery insurance covering the Generator. Tenant shall also pay any increases maintain all required permits in connection with the real property taxes Generator throughout the Lease Term. Tenant shall leave the Generator in place upon the expiration or earlier termination of this Lease, surrender the Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator during the Lease Term) concurrent with the surrender of the Building due Premises to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase as required hereunder in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Leasegood operating and working order, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorwith all permits current.”
Appears in 1 contract
Generator. Subject (a) Tenant, at its sole cost and expense and subject to the provisions terms of this Section 29.36Lease, Tenant shall be entitled have the right to install, operate and maintain a an emergency generator and any other related equipment related thereto(collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next at a precise location reasonably satisfactory to Landlord. Tenant shall install, operate and maintain the Building at Tenant’s sole cost emergency generator in accordance with all federal, state and expense (without paying local laws and regulations and with any additional fee or rental protective covenants. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to Landlord for install, operate and maintain the use thereof)emergency generator and shall provide copies thereof to Landlord. Prior to the installation of the Generator, Tenant shall inspect provide Landlord with a certificate of insurance on behalf of the proposed location installer reasonably satisfactory to determine a suitable location for Landlord. Tenant, at Tenant’s sole cost and expense, shall install screening around the Generator, the size, location, design and Tenant manner of which shall submit written plans and specifications relative be subject to the type, size and proposed location (including any proposed screening) written approval of the Generator to Landlord for its review and written approvalLandlord. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition.
(b) Tenant, at its sole cost and expense, shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate removing the Generator and the 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 federal, state, of the terms and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required conditions set forth herein. If Tenant fails to install and operate remove the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, screening surrounding same from the Building or Common Areas upon the expiration of or earlier termination of the Lease TermLease, or after expiration of the ten (10) day notice period provided above, the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall not be required to become the property of Landlord, or Landlord may remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of same at Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Office Lease (LifeWatch Corp.)
Generator. Subject to the provisions of terms and conditions set forth in this Section 29.36Paragraph, Tenant shall be entitled have the right to installinstall in an area designated in writing by Landlord, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense expense, one (without paying any additional fee or rental 1) Back-up Generator (hereinafter defined). The area so designated by Landlord shall be as determined by Landlord in its sole and absolute but reasonable discretion based on availability of space, provided, however, such Back-up Generator shall be in reasonably close proximity to the Leased Premises. As used herein, the term “Back-up Generator” shall mean a diesel fueled electric power supply generator having a capacity of up to 250 KW and all related switching equipment and fuel storage systems. After Landlord designates the location therefor, Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the use thereofinstallation of the Back-up Generator, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the Back-up Generator, as well as all associated conduit and related equipment, and all changes to the Building which are necessary to accommodate same, all in accordance with all applicable federal, state and local laws, statutes and ordinances (including, but not limited to, Environmental Laws as defined in Section 4.3 herein below). Prior to the installation of the Back-up Generator by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the Back-up Generator; and (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and cause Landlord and its designated property management firm to be named as additional insureds under such insurance policies. Tenant shall ensure that the Back-up Generator does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the Back- up Generator shall be fully screened from view. Landlord may require the installation of sound baffling. At all times during the Term, Tenant shall (A) insure that the Back-up Generator complies with all applicable laws, statutes and ordinances (including, Environmental Laws); (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the Back- up Generator at least yearly to insure that such equipment is functioning properly and that no Hazardous Waste or Hazardous Substances (as such terms are defined in Section 4.3 below) are emanating therefrom; (C) maintain the Back-up Generator in good order and repair; and (D) maintain all permits and governmental approvals necessary for the operation of the Back-up Generator. Tenant shall immediately report to Landlord if Tenant determines that the Back-up Generator is not functioning properly, is leaking or is in violation of any applicable laws, including any Environmental Laws. Tenant shall immediately repair all equipment malfunctions or violations of law arising out of the operation of the Back-up Generator. If Tenant installs the Back-up Generator, Tenant shall inspect the proposed location to determine a suitable location enter into annual service contracts with reputable firms/contractors for the Generatorperiodic inspection, maintenance, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) repair of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Back-Up Generator; and Tenant shall installprovide copies of such service contracts to Landlord (including any renewals thereof). Should Tenant fail to properly maintain or repair such equipment or to enter into the service contracts described above, maintain and operate the Generator in accordance with all federalLandlord may, statebut shall not be obligated to, undertake such maintenance or repairs or enter into such service contracts, and local lawsall such costs shall constitute Additional Rent hereunder. Tenant shall indemnify Landlord and hold it harmless from and against all loss, statutescosts, ordinancesclaims, rules liabilities, injury or damages (including reasonable attorneys’ fees), suffered or sustained by Landlord which arise out of the installation, use, operation or removal of the Back-up Generator. Tenant expressly acknowledges and regulationsagrees that, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required notwithstanding the fact that Landlord has permitted Tenant to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease TermBack-up Generator, Tenant shall not be required remain liable under this Lease for all claims, damages, costs or liabilities suffered or sustained by Landlord which arise out of the presence of Hazardous Waste or Hazardous Substances which were brought to remove the GeneratorBuilding (including without limitation the land on which the Building is located) by Tenant, any associated cablingits employees, wiring agents, and screening or other improvementscontractors. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee At the end of the Term, Tenant, at Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s sole cost and expense. Tenant , shall pay all personal property taxes on remove the Generator. Tenant shall also pay any increases in the real property taxes of Back-up Generator and restore the Building due and underlying land to their condition immediately prior to the installation of such equipment. Landlord acknowledges and agrees that the Back-up Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. is and shall remain at all times, Tenant’s personal property, and that Landlord will have no right to require Tenant to leave the Back-up Generator at the Property upon the expiration or earlier termination of this Lease, and under no circumstances shall the Back-up Generator be deemed a fixture. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal. The indemnity obligations under Section 5.4.1.5 provisions of this Paragraph shall survive the expiration of the Term or the termination of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Sources: Warehouse Space Lease Agreement (Body Central Corp)
Generator. Subject to A. During the provisions of this Section 29.36Term, Tenant shall be entitled have the right to install, operate and maintain install a supplemental generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“the "Generator”") next to provide emergency additional electrical capacity to the Building Premises and an above ground fuel tank (the "Tank") to provide fuel to such Generator. The Generator and Tank shall be placed at a location at the Project reasonably designated by Landlord (the "Generator Location"), provided that Landlord shall use its good faith efforts to designate a location as close to the Tenant’s sole cost and expense (without paying any additional fee or rental 's Premises as reasonably possible. In the event the Generator and/or Tank are located such that parking spaces are lost to Landlord for the use thereof). Prior to accommodate the installation of the GeneratorGenerator and/or the Tank, then the number of parking spaces allocated to Tenant pursuant to Exhibit F of the Lease shall inspect be reduced on a one for one basis for each space which is lost to accommodate the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) installation of the Generator and/or the Tank. Tenant's right to install the Generator and the Tank shall be subject to Landlord's reasonable approval of the manner in which the Generator and Tank 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. Landlord shall have the right to require an enclosure acceptable to Landlord for its review (e.g. wood fencing, concrete structure and/or landscaping) to hide or disguise the existence of the Generator and written approvalthe Tank and to minimize any adverse effect that the installation of the Generator and the Tank may have on the appearance or operation of the Building, Property and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of acquisitioninstalling, operating, maintaining and removing the Generator and the Tank. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator. Notwithstanding anything herein to the contrary, if Tenant, after installation, removes the Generator and/or the Tank from the Generator Location for reasons other than the repair and replacement of the Generator or the Tank, Tenant's right to install the Generator and the Tank and to use the Generator Location shall be null and void.
B. Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank will in no way damage the Building, Project or Property. Tenant agrees to be responsible for any damage caused to the Building, Project or Property in connection with the installation, maintenance, operation or removal of the Generator and the Tank and, in accordance with the terms of Article XIV of the Lease, to indemnify, defend and hold Landlord, its trustees, members, principals, beneficiaries, partners, officers, directors, employees, agents and mortgagees (collectively, the "Landlord Related Parties") 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 or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator and the Tank, including, without limitation, any environmental and hazardous materials claims.
C. Tenant shall be responsible for the installation, operation, cleanliness, maintenance and maintenance removal of the Generator; , Tank and appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall installrepair 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, Tank and appurtenance 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 and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulationsthe Tank, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate enclosure installed around the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree thatTank, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring in good condition and screening or other improvementsrepair. Tenant shall not be entitled enter into and keep and maintain in effect, service contracts reasonably acceptable to grant or assign Landlord with contractors reasonably acceptable to any third party (other than a permitted assignee Landlord for the maintenance of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld and the Tank, and Tenant shall submit to Landlord copies of all service records obtained, kept and/or maintained by Tenant in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates connection with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near and the Building, at Landlord’s cost and expenseTank. Tenant shall pay all personal property taxes on be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator. Generator and/or the Tank so as to keep such enclosure in good condition.
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 the Tank and its surrounding area for the purpose of installing, operating, repairing, maintaining and removing the Generator and the Tank.
E. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of only test the Generator within thirty (30) days of receipt of before or after Normal Business Hours and upon prior notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorLandlord.
Appears in 1 contract
Generator. Subject Notwithstanding anything to the provisions of contrary set forth elsewhere in this Section 29.36Lease, and subject to Tenant’s compliance with applicable laws, Tenant shall be entitled have the right to install, operate place and maintain a on the Property during the Term, at Tenant's sole cost and expense, an emergency generator and any other equipment related thereto, including, without limitation, above-ground fuel storage tank at a fuel system, wiring and shaft space (“Generator”) next location on the Property approved by Landlord that shall be utilized by Tenant in connection with providing emergency power to the Building Premises. Landlord shall have the right to approve the plans and specifications for the generator and fuel tank, provided that Landlord shall have no liability whatsoever in connection with such generator or fuel tank, and Tenant shall indemnify Landlord for any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorney fees) arising from the presence, maintenance and use of such generator and fuel tank. Without limiting Landlord’s right to approve the plans and specifications for the generator and fuel tank, Tenant, at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generatorexpense, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install screen such equipment from view in a manner which is architecturally consistent with the Building. The generator, fuel tank, screen and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, related equipment shall become Landlord’s property upon the expiration of earlier or sooner termination of this Lease unless Landlord, by written notice to Tenant prior to the Lease Termexpiration or termination of this Lease, Tenant requires that Tenant, at Tenant's sole cost and expense, remove the generator, fuel tank, screen, and other related equipment installed hereunder and repair any damage caused by such removal. All approvals by Landlord under this Section 51 herein shall not be required to remove the Generatorunreasonably withheld, any associated cabling, wiring and screening delayed or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generatorconditioned.
Appears in 1 contract
Sources: Lease Agreement (InterDigital, Inc.)
Generator. Subject Tenant shall have the right to place a generator for stand-by power in a mutually agreeable location of the parking lot at no additional charge provided, however, that the installation of shall not violate any zoning regulation, permit condition, or other restriction applicable to the provisions of this Section 29.36, Tenant Project. The pad shall be entitled constructed by Tenant in accordance with plans approved in advance by Landlord, which plans shall including fencing and such curbing as is necessary to install, operate and maintain contain any fuel spill. Tenant may install on the pad a backup generator and any other equipment related theretofuel tank (collectively, including, without limitation, a fuel system, wiring and shaft space (the “Generator”) next ), the make, model and design of which shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld. To the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation extent that details of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, pad and Tenant shall submit written plans and specifications relative other matters related to the typeGenerator are included in the Approved Final Plans, size those details shall be approved at the same time as the balance of the Approved Final Plans. The design and proposed location (including any proposed screening) operation of the Generator to Landlord for its review and written approval. Tenant pad shall be solely responsible such as to avoid material interference with others. The Generator shall be used only for backup power and may not be used as a primary power source, nor may it be used by any other party. The Generator and pad shall be subject to all the cost terms of acquisitionthis Lease, installationincluding but not limited to Sections 8.3, operation10, and maintenance 17, provided only that the square footage of the Generator; and Tenant Generator pad shall installnot be included in the calculation of the area of the Premises. All costs of maintenance, maintain and operate repairs, upgrades, licenses or other expenses arising directly or proximately from the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator shall be borne by any governmental authority having jurisdictionTenant. Landlord and Tenant agree that, upon the Upon expiration of or earlier termination of the Lease TermLease, Tenant shall not remove all improvements and equipment from the Generator pad and shall provide such studies or other information as is necessary to demonstrate to Landlord’s reasonable satisfaction that there has been no environmental contamination as a result of the storage and operation of the Generator and the fuel tank. At the election of Landlord provided no later than [ * ] before expiration of the Lease, Tenant shall be required to remove the GeneratorGenerator pad and shall restore the area to a clean, paved condition. Failure of Tenant to remove all improvements and equipment from the Generator pad and restore same to the extent directed by Landlord shall be deemed a holdover of the entire Premises until such removal is complete. Broker Commissions. All parties recognize that ▇▇▇▇▇ ▇▇▇▇ LaSalle represented Tenant in the Lease negotiations and that Pacific Real Estate Partners represented the Landlord. Landlord shall pay a market standard real estate commission to ▇▇▇▇▇ Lang LaSalle in the amount of $[ * ] for Years [ * ] of the Lease and in the amount of $[ * ] for Years [ * ] of the Lease, for a total commission of $[ * ]. No commission shall be paid for any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights rent abatement periods under the Lease or a permitted subtenant relative to any extension terms. The terms and conditions of the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord commission shall be entitled confirmed in a separate commission agreement between Landlord and ▇▇▇▇▇ ▇▇▇▇▇ LaSalle, upon terms and conditions acceptable to cause Landlord. Payment of the Generator commission shall be 50% upon mutual execution of this Lease and [ * ]% upon the Commencement Date. Pacific Real Estate Partners compensation shall be pursuant to be moved to another location near the Building, at its listing agreement with Landlord’s cost and expense. Security Deposit in Investment Account. Tenant shall pay be allowed to place the Security Deposit in an investment account with a third party mutually agreed upon by the parties, which shall include ▇▇▇▇▇▇, ▇▇▇▇▇▇, Rinne & ▇▇▇▇▇, Inc. so long as the documentation is comparable to the documentation required by the landlord on Tenant’s lease at ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ and Tenant pays all personal property taxes of Landlord’s out of pocket expenses in connection with such documentation. All earnings on the Generator. Security Deposit shall accrue to the benefit of Tenant and shall also pay any increases in be added to the real property taxes Security Deposit and returned to Tenant upon expiration or termination of the Building due to Lease unless Tenant is in default at the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 expiration or termination of the Lease, relating to the use of Hazardous Materials, in which case such amount shall apply to the use and operation of the Generatorbe held until such default has been cured. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.6
Appears in 1 contract
Sources: Office Lease (Seagen Inc.)
Generator. Subject A. As part of the Initial Alterations and subject to the conditions and requirements of this Section and Exhibit C above, Tenant shall be permitted to install, at its sole cost and expense, a back-up power generator and all necessary fuel tanks (if any), batteries (if any), and feeders and conduits extending from such generator to the Premises (collectively, the “Generator”).
B. The Generator shall be placed in one of the locations depicted on Exhibit H attached hereto (said area, which shall be selected by Landlord, is hereinafter referred to as the “Generator Support Area”). The area in which the Generator will be located shall be subject to all of the provisions of the Lease as if it were located within the Premises including Tenant’s obligation, if required, to obtain all governmental and other approvals; provided however, Tenant shall not be obligated to pay Base Rent or Expenses or Taxes associated with such area if such area is located outside of the Premises and so long as such area could not otherwise be reasonably rented by Landlord to another Tenant. If the Generator Support Area is located in the parking garage under the Building, then the number of parking spaces, if any, comprising the Generator Support Area shall be deducted from the number of parking spaces in the parking garage under the Building or the parking structure, as the case may be, available for Tenant’s use pursuant to the Lease.
C. The Generator shall be used only for backup operations during the pendency of any power outages. The Generator shall not be used (i) for the benefit of any other tenant of the Building without Landlord’s consent, which may be granted or withheld in Landlord’s sole but reasonable discretion or (ii) for peak use sharing or operating during business hours.
D. Tenant’s right to install or modify the Generator is conditioned upon Landlord’s prior written approval of all equipment to be installed in accordance with the terms and conditions of Exhibit C, which approval shall not be unreasonably withheld, conditioned or delayed. In addition to the requirements set forth in Exhibit C, Tenant shall provide Landlord mechanical and electrical drawings and specifications by a licensed professional engineer, which drawings and specifications shall include a written description of the Generator, including make, model, size, capacity, noise specifications, fuel types, location of the exhaust pipe termination points(s), specifications for exercising the Generator, the proposed routing of cables, and location of peripheral equipment.
E. Construction of the Generator Support Area and installation of (i) the Generator and (ii) any protective enclosure around the Generator Support Area or any screening materials, required by Landlord in its sole discretion, and (iii) any conduits, feeders, equipment areas connecting the Generator and/or the Generator Support Area to the Premises (collectively, the “Generator Alterations”), shall be performed pursuant to and in accordance with the plans and specifications prepared by licensed engineers and reviewed and reasonably approved by Landlord and, if required, Landlord’s engineers, in writing, and the other provisions of the Lease (including Exhibit C). Tenant shall repair all damage caused to the Building by the Generator Alterations and upon removal of the Generator or termination of this Section 29.36Lease, restore all such areas as reasonably required by Landlord. Tenant shall pay for, at its cost, all required enclosures, structural modifications to provide any necessary additional load bearing capability, and all other reasonable requirements of Landlord and any applicable laws in connection with the Generator or the Generator Alterations. Tenant will allow Landlord’s designee to be present during the installation of the Generator and the Generator Alterations. During the Lease Term, Tenant will not make any material repairs or alterations to the Generator or Generator Alterations without obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
F. All testing and exercising of the Generator shall occur during other than the Building normal business hours unless Landlord determines that such testing and exercising during the Building normal business hours shall not disturb the other tenants of the Building.
G. Tenant at its sole expense shall comply with all laws and the requirements of Landlord’s insurer with respect to the installation, repair, maintenance or operation of the Generator and the Generator Alterations (including all ancillary equipment). Tenant shall at its expense obtain all permits, variances and licenses required by applicable laws relating to the Generator and the Generator Alterations and shall deliver copies to Landlord.
H. Landlord shall have the right, but not the obligation, to enter the Generator Support Area upon reasonable advance notice at all reasonable times for the purpose of inspecting the Generator and the Generator Alterations or exhibiting the Building, and only upon such notice as is practicable under the circumstances in the event of an emergency, to make repairs.
I. Landlord may from time to time require Tenant to relocate the Generator or the Generator Alterations to another site to be determined by Landlord in its sole discretion at Landlord’s sole expense. In such event, Tenant’s means of access to the Generator and the Generator Alterations will be relocated at Landlord’s sole expense in a manner so as not to unreasonably impair the availability of the Generator as a backup power source. If Landlord elects to relocate the Generator or the Generator Alterations, the costs shall be borne by Landlord unless such relocation is required by laws. In the event Landlord elects to relocate the Generator or the Generator Alterations, Tenant shall be entitled to installat least thirty (30) days written notice, operate except in an emergency.
J. Tenant shall submeter all electrical usage and maintain a generator pay the costs of all utilities services required for Tenant’s use of the Generator.
K. The installation, repair, maintenance and any other equipment related thereto, including, without limitation, a fuel system, wiring operation of the Generator and shaft space (“Generator”) next to the Building Generator Alterations will be at Tenant’s sole risk, cost and expense (without paying expense. Landlord or its agents or employees shall not be liable for any additional fee costs or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including expenses caused in any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, manner by such installation, repair, maintenance and operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon .
L. Upon the expiration of or earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring Generator and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent Alterations (which consent may be granted including any cables, wires, lines, pipes or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases piping installed in the real property taxes interior of the Building due in connection therewith) at its sole expense and shall repair any damage to the Building or the Premises caused by or resulting from such removal.
M. Landlord makes no warranties or representations concerning the suitability of the Generator Support Area for the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the LeaseGenerator, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorTenant having satisfied itself concerning these matters.
Appears in 1 contract
Generator. Subject Tenant shall have the right to install a generator to serve the Premises (the "Generator"). Tenant's right to install the Generator is subject to the provisions of this Section 29.36, following terms and conditions:
(a) Tenant shall be entitled to install, operate and maintain a generator and any other equipment fully responsible for all costs related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the purchase, installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and ;
(b) Tenant shall install, maintain be responsible for obtaining any and all permits or licenses required for installing the Generator and operate the Generator in accordance compliance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permitsapplicable laws or regulations;
(c) Prior to installation, approvals Tenant shall provide Landlord with a cut sheet of the Generator and licenses required a copy or copies of certificates of insurance showing that the Generator has been insured according to install this Lease and operate Landlord shall not have any responsibilities related to insuring the Generator;
(d) Tenant shall provide Landlord with written proof that all gas and electrical meters associated with the Generator have been placed in Tenant's name;
(e) Tenant shall be fully responsible for maintaining the Generator. The Generator shall, at all times, be maintained and operated in accordance with applicable safety regulations;
(f) The Generator must be installed on the Building grounds at a location determined by Landlord;
(g) If needed, Landlord will screen the Generator by any governmental authority having jurisdictionlandscaping it at Tenant's reasonable expense and as determined by Landlord. Any costs of Landlord and in maintaining the landscaping screen shall be paid by Tenant;
(h) Landlord shall have the right to approve the contractor hired by Tenant agree that, upon to install the expiration Generator. The installation shall be completed in a manner that causes a minimum amount of earlier termination interference with the operations of the Lease Term, Building;
(i) Tenant shall not be required responsible for removing the Generator upon vacating the Premises and restoring the location site to remove its original state and any related costs, including the Generator, removal of any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party concrete pad (other than a permitted assignee of Tenant’s rights under any concrete pad existing at the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use time that the Generator without Landlord’s prior written consent is installed) and providing for the appropriate capping or abandonment of any natural gas feed lines.
(which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to j) Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost responsible for any environmental clean-up costs and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due other environmental costs related to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the and use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.
Appears in 1 contract
Generator. Subject to the provisions Landlord’s prior written approval of this Section 29.36Tenant’s plans, Tenant shall be entitled permitted to install, maintain, replace and operate and maintain a (collectively, the “Generator Installation”) an emergency generator and any other equipment above-ground fuel tank, together with all related theretopipes, includingwiring, without limitationconduits, a fuel systemand related improvements (collectively, wiring and shaft space (the “Generator”) next to in an area designated by the Building Landlord, in Landlord’s reasonable discretion, the installation and maintenance of which shall be at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof)expense. Prior to the installation of the Generator, Tenant The Generator Installation shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approvalbe performed in compliance with applicable laws. Tenant shall be solely responsible for the cost to obtain all necessary governmental permits (true copies of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator are to be moved provided to another location near the Building, at Landlord’s cost ) and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases association approvals in the real property taxes of the Building due to the installation of the connection with Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use Installation and operation of the Generator. FinallyTenant hereby acknowledges and agrees that no odors are permitted to emanate as a result of the Generator Installation or the operation of the Generator. Tenant shall only use a licensed contractor, which contractor must be approved in writing by Landlord prior to the commencement of the Generator Installation and must obtain insurance coverage in connection with the Generator pursuant to the requirements set forth in this Lease. The Lease specifically prohibits the subjecting of Landlord’s interest in the Premises or the Building to any mechanic’s, materialman’s or laborer’s liens for improvements made by Tenant, and therefore Tenant must deliver to Landlord a lien waiver from all contractors and subcontractors performing the Generator Installation. Tenant hereby acknowledges that the installation, operation, use, maintenance and removal of the Generator shall be at the sole and exclusive risk of Tenant, and Landlord shall not assume any liability whatsoever in connection therewith. Tenant shall and does hereby indemnify, defend and hold harmless Landlord, its partners, principals, and agents from and against all claims, expenses, costs, damages, loss, or other liabilities (including, without limitation, attorneys’ fees of Landlord) arising from or in any way connected with Tenant’s insurance obligations under Section 10.3 use of the Generator or the installation, operation, maintenance and removal thereof. Tenant hereby further acknowledges that the Generator shall become the property of Landlord at the expiration of the Term, however, Landlord reserves the right to require Tenant, at Tenant’s expense to (i) remove the Generator at the expiration of the Term; and (ii) repair all injury done by or in connection with installation or removal of the Generator, provided that Landlord gives notice to Tenant no later than thirty (30) days prior to the expiration of the Lease shall apply to the GeneratorTerm.
Appears in 1 contract
Sources: Office Lease (FlexShopper, Inc.)
Generator. Subject A. During the Lease Term, Tenant, at its sole cost and expense, shall have the right to install one (1) lawfully permitted generator and related equipment (collectively, the “Generator Equipment”) on the lower roof of the Building (i.e., the roof above the eighteenth (18th) floor) (the “Generator Space”), and cabling, plumbing and other equipment necessary to service the Generator Equipment and to connect the same to its fuel source, as described below, and to connect to the provisions Premises. The Generator Equipment shall not unreasonably interfere with the use and operation of the Building. Tenant’s installation, use, maintenance, repair and removal of the Generator Equipment shall be governed by the terms and conditions of this Section 29.36Article 31.
B. Tenant, Tenant at its sole cost and expense, shall submit to Landlord, for Landlord’s approval (not to be entitled to installunreasonably withheld, operate conditioned or delayed), a full set of engineering plans and maintain a generator and any other equipment related thereto, specifications for the proposed Generator Equipment installation (including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at specifications for any natural gas connection required for Tenant’s operation of the Generator Equipment), such approval not to be unreasonably withheld.
C. Tenant, at its sole cost and expense expense, shall make all required conduit or cable connections between Tenant’s equipment in the Premises and the Generator Equipment, subject to (without paying any additional fee or rental to Landlord i) Tenant’s prompt payment of reasonable costs for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generatorsuch services, and Tenant (ii) approval of such connections by Landlord (not to be unreasonably withheld, conditioned or delayed).
D. Tenant, at its sole cost and expense, shall submit written plans obtain and specifications relative maintain all necessary municipal, state and federal permits and authorizations required to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall lawfully install, maintain and operate the Generator in accordance with all federal, stateEquipment, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining pay any and all permits, approvals and licenses required charges levied by government agencies or utility companies which are related to install and operate the Generator by Equipment or the usage of the Generator Equipment. Notwithstanding anything contained herein to the contrary, Landlord agrees to use commercially reasonable efforts to assist Tenant in obtaining any governmental authority having jurisdictionnecessary permits and approvals for the Generator Equipment, at no cost to Landlord.
E. Any testing and other uses of the Generator Equipment that may create noise or other disruptions to the Building or other tenants thereof (other than normal operations during power shortages) shall be conducted after the Normal Business Hours of the Building. Tenant shall provide Landlord and Tenant agree that, upon with reasonable prior written notice of any such testing of the Generator Equipment.
F. Upon the expiration of or earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s its sole cost and expense. , shall remove the Generator Equipment from the Generator Space and surrender and restore the Generator Space to Landlord in as good condition as when entered, reasonable wear and tear and damage by casualty or condemnation excepted.
G. The liability insurance to be carried by Tenant pursuant to the provisions of this Lease shall include coverage for Tenant’s activity in the Generator Space, and Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay be solely responsible and liable for any increases in the real property taxes of the Building due to the installation of damage caused by the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the GeneratorEquipment.
Appears in 1 contract
Sources: Office Lease (Enernoc Inc)