Generator. Tenant, at Tenant’s sole expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions: (i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications; (ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord; (iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; (iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally; (v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and (vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractors.
Appears in 2 contracts
Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)
Generator. So long as this Lease is in full force and effect, Tenant shall have the right, at its sole cost and expense, to erect, install and maintain a generator serving the Premises, along with (a) conduit within the parking structure for the Building and conduit from such parking structure to the Building from such generator, which conduit will be in a location mutually acceptable to Landlord and Tenant and (b) Building roof access rights as provided below (the “Generator”), subject to the following terms and conditions:
(a) The type, location, size and shape of the Generator shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Generator; provided, Landlord approves the location shown on Exhibit K. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Generator and the surrounding screening for review and approval by Landlord’s engineer not less than thirty (30) days prior to commencing installation of the Generator. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision; provided, this sentence shall not apply to the extent that the planning and installation of Generator is approved by Landlord and performed by Tenant as a part of the Tenant Improvements.
(b) Tenant shall install the Generator in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Generator from public view. In the event that the Generator is located in the parking facilities servicing the Building, any parking space(s) taken by the Generator shall be counted towards the total number of parking spaces allocated to Tenant under this Lease. Tenant shall operate the Generator in compliance with all applicable Laws, including all building and zoning requirements. Tenant shall have the right to reasonable space on the roof of the Building for purposes of installing and maintaining additional HVAC equipment in connection with its Generator, including access to any ductwork from the Building’s roof to the Premises, subject to Landlord’s reasonable approval over location, plans and specifications, and method of installation. Tenant shall also have the right, at Tenant’s sole cost and expense, may install a generator at to extend natural gas lines to the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply connection with the following provisions:use of its Generator, subject to Landlord’s reasonable approval with respect to location and plans and specifications.
(ic) Tenant shall first obtain be responsible for all costs and expenses associated with the approval of Landlord Generator and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair, maintenance or removal of the specific work it proposes Generator. In the event that Tenant fails to properly install, construct, repair, maintain or remove the Generator or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and shall furnish Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord with reasonably detailed plans for all costs and specifications;expenses incurred by Landlord to perform such work.
(iid) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits hereby agrees to indemnify and the finalhold Landlord, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible its agents, employees, contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employeesrepresentatives, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims cost, claims, damages (including, but not limited to, any damage to the Building or Landlord’s property), causes of action and liability which may arise by reason of any occurrence attributable to or arising fromout of Tenant’s installation, under maintenance, repair, operation or in connection with removal of the Generator, including without limitation, any claim or cause of action for injury to or death of any person or damage to any property arising therefrom and Tenant agrees to defend any claim or demand against Landlord, its agents or employees arising out of any such construction; andoccurrence. Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord as a result of Tenant’s operation of the Generator, including damages to the Building.
(vie) Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s expense, promptly remove the Generator and its contractors restore any portion of the Building affected by the Generator to substantially the same condition existing prior to the installation of the Generator, normal wear and subcontractors shall be solely responsible for the transportation, safekeeping tear and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any casualty damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsexcepted.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Generator. The parties acknowledge that the Premises are currently served by a generator and underground storage tank (collectively, the “Generator”) 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 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, may install (b) in a generator at timely, good and ▇▇▇▇▇▇▇-like manner, (c) using only licensed contractors approved by Landlord, and (d) without interference to Landlord, or other tenants or occupants of Building and Property. Tenant shall bear all costs incurred in the exercise of its rights set forth above and shall exercise these rights in full compliance with all applicable federal, state, and local governmental laws, regulations 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 when issued. Tenant shall take all precautionary steps to protect its facilities and the facilities of Landlord and others affected by performance of work and shall police same properly. Tenant shall replace or restore any disturbance or damage it caused to the Building (“Tenant’s Work”) or Property. Notwithstanding anything to the contrary contained in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Workthis Lease, Tenant shall comply fully indemnify Landlord and its mortgagee against all loss or damage of whatever kind or nature, including but not limited to third party claims, arising or in any manner connected with Tenant’s use or maintenance of the following provisions:
(i) Generator. Tenant shall first obtain 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 approval of Landlord of the specific work it proposes Generator is not being properly maintained. If Tenant fails to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the services necessary to maintain the Generator in good and efficient working order and condition, and Tenant fails to correct such deficiency within three (3) days after written notice from Landlord’s contractors or subcontractors in , Landlord shall have the Premises or in the Building generally;
(vright to perform such service(s) All construction contractors for Tenant’s Work have agreed in writing to language holding the and Tenant shall reimburse Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportationcosts incurred by Landlord for such services, safekeeping and storage of materials and equipment used in as additional rent, together with interest at the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsDefault Rate.
Appears in 1 contract
Generator. TenantLessor acknowledges that Lessee, at Tenant’s its sole cost and expense, may install a an emergency generator at outside of the Building (“Tenant’s Work”) in or on the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord roof of the specific work it proposes Building, the exact location of which to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenantbe subject to Lessor’s contractor must secure all permits from the township. A copy of the permits and the finalprior approval, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work which approval shall not be deemed unreasonably withheld, conditioned or delayed. Lessee, at its sole cost, shall be responsible for obtaining any governmental approvals necessary with respect to the installation and operation of the generator. Lessor shall have no obligation to perform any maintenance or repairs with respect to the generator, the cost of which shall be disturbing harmonious relations in borne solely by Lessee. If the generator shall be located on the roof of the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work the generator shall be performed in such manner or at such times as properly screened to cause any delay Lessor’s reasonable satisfaction. Lessor make no representation of the suitability of the roof of the Building for the installation thereof. If Lessor’s structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the generator, Lessor shall perform same at Lessee’s cost and expense and Lessee shall not perform any work being done such installation prior to the completion of any such structural reinforcement. Lessee, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the generator. Lessee shall be responsible for all costs and expense for repairs of the roof which result from Lessee’s use of the roof for the construction, installation, maintenance, repair, operation and use of the generator. All installations made by Lessee on the rooftop or in any other part of the Building pursuant to the provisions of this Article 56 shall be at the sole risk of Lessee, and neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for any injury or damage to, or arising out of, the generator. Lessee’s indemnity under Article 33 shall apply with respect to the installation, maintenance, operations, presence or removal of the generator by Lessee. If the installation of the generator on the rooftop or act or omission relating thereto should revoke, negate or in any material manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall reimburse Lessor for any loss or damage sustained incurred by Lessor as a result of such impairment or limitation. EACH PARTY AGREES that it will not raise or assert as a defense to any obligation under the Lease or make any claim that the Lease is invalid or unenforceable due to any failure of this document to comply with ministerial requirements including, but not limited to, requirements for corporate seals, attestations, witnesses, notarizations, or other similar requirements, and each party hereby waives the right to assert any such defense or make any claim of invalidity or unenforceability due to any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsforegoing.
Appears in 1 contract
Generator. TenantTenant 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 's sole cost and expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected shown on Exhibit “"A”, " attached hereto and made in strict accordance with the Generator Specifications. The Generator shall be maintained on a part hereofconcrete pad flush with the current asphalt and shall be painted to blend with the building exterior. In Performing the Tenant’s Work, 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 following provisions:provisions of Sections 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.
(id) 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 first obtain maintain the approval of Landlord 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 specific work it proposes to perform Generator and the bollards shall furnish Landlord with reasonably detailed plans and specifications;be performed, at Tenant's sole expense, in a manner which will not impair the integrity of, damage or adversely affect the warranty applicable to, any portion of the Property.
(iif) In the event Tenant and/or Tenant’s contractor must secure all permits from elects to remove the townshipGenerator, Tenant shall remove the Generator and the bollards and repair any resulting damage, including without limitation, damage to concreted areas and landscaping. A copy In such event, if Tenant has modified the electrical connections between the transformer serving the Property and the electrical room of the permits Property or in the event Tenant has modified the electrical metering to the Premises, Tenant shall restore the connection between the transformer and the final, approved inspection must be promptly provided electrical room and the electrical metering to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers same condition as existed prior to installation of the Tenant’s Work Generator. Tenant shall not be deemed to be disturbing harmonious relations in the Building), comply with all Laws and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay Requirements in connection with any work being done by any the removal of the Landlord’s contractors or subcontractors in Generator and the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing bollards and shall deliver to language holding the Landlord harmless from copies of all required permits and against any and all claims arising from, under or approvals in connection with such construction; andremoval.
(vig) Tenant's indemnification of Landlord pursuant to Section 15 of the lease also applies to the Generator and Tenant's use of any portion of the Property therefor. Without limiting the foregoing, Tenant and its contractors and subcontractors solely shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage or injury caused by them or in any way relating to the Generator, including, but not limited to, damage or injury to persons or property, including the Property, caused by reason of any installations or work performed by Landlord’s contractors and subcontractorsleaking of fuel therefrom. The obligations of Tenant hereunder shall survive the termination of the Lease.
Appears in 1 contract
Generator. TenantSubtenant 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 331 Building (the “Generator Area”). Sublandlord agrees that Subtenant shall be entitled to use 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 and operate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, applicable zoning restrictions, City and County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at TenantSubtenant’s sole expensecost and expense all permits, may install a generator at certificates or other authorizations required for operation of the Building (“Tenant’s Work”) Generator. Subtenant shall be solely responsible to ensure that the Generator is operated in compliance with applicable laws, rules and regulations and the location reflected on Exhibit “A”terms of the Master Lease and any governing CC&Rs, attached hereto and made a part hereof. In Performing to ensure that the Tenant’s Work, Tenant shall comply Generator does not interfere with the following provisions:
(i) Tenant shall first obtain the approval business operations or quiet enjoyment of Landlord other tenants or occupants of the specific work it proposes to perform Center. Without limiting the indemnity set forth in Section 11.2 below, Subtenant hereby indemnifies, defends and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord holds Sublandlord harmless from and against any claims, suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or h▇▇▇▇ (collectively, “Claims”) caused by or resulting from Subtenant’s use and all claims arising fromoperation of the Generator, under 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. Immediately prior to the Expiration Date, promptly following Subtenant’s request, Sublandlord agrees to execute a quit claim b▇▇▇ of sale in connection with such construction; and
(vi) Tenant form and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used substance reasonably acceptable to Sublandlord transferring any ownership interest Sublandlord has in the performance Generator to Subtenant, without warranty. Other than pursuant to such b▇▇▇ of such worksale, for or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the removal Master Lease (including, without limitation, Section 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 waste this Sublease and debris resulting therefrom, and for repair any damage caused by them 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 installations closure or work performed similar report issued by Landlordany governmental authority with respect to Subtenant’s contractors cessation of use and subcontractorsremoval of the Generator.
Appears in 1 contract
Generator. Tenant, at Tenant’s sole expense, Tenant may install a one generator at the Building 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 Work”) 's business operations in the location reflected on Exhibit “A”Premises for emergency back-up purposes (the "GENERATOR", attached hereto 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 made a part hereof. In Performing certain conduit (no greater than 6" in diameter) and wires to run within the said conduit to connect the Generator to Tenant’s Work, Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations 's telecommunications equipment in the Building (picketers the "GENERATOR CONDUIT"). The location of the Tenant’s Work 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 Generator and the Generator Conduit, Tenant shall be responsible for all installations, conducting all tests, maintenance and repairs, and for the use and operation of same, and for paying all costs and expenses in connection therewith. Before beginning the installation of the Generator and Generator Conduit, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer approved by Landlord and setting forth in detail the design, location, size, and method of installation for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord 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 deemed the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to be disturbing harmonious relations in the Building)Landlord, and who no underground storage tanks may be installed or used in connection therewith. Additionally, the generator shall furnish initially be a 750 k.w. model or smaller, the installation of which shall be subject in advance all respects to Landlord's prior written approval. Upon Landlord's written approval of the plans and maintain specifications therefore and the location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in effect workmen’s compensation insurance a good and workmanlike manner, in accordance with statutory all governmental requirements and comprehensive public liability 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 use, maintain, repair and operate the Generator in a good, clean, and safe condition and in accordance with all governmental requirements and industry standards. Tenant shall repair all damage caused by maintenance, repair, operation, or 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 this Lease, Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of fluid from the Generator or otherwise connected therewith and shall otherwise comply with all environmental requirements of 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 (naming Landlord and Landlord’s contractors and subcontractors as additional insuredsin respect thereof in accordance with Section 7(c) with limits satisfactory to Landlord;
(iv) No such work of the Lease. All testing of the Generator shall be performed after normal business hours and in such manner or at such times as accordance with a schedule to cause any delay be submitted in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed advance in writing to language holding the Landlord harmless from and against any and all claims arising fromLandlord. IT IS THE INTENTION OF THE PARTIES THAT TENANT BEAR ALL RISKS RELATING TO THE INSTALLATION, under or in connection with such constructionUSE, MAINTENANCE, OPERATION, REPAIR, INTERRUPTION, AND REMOVAL OF TENANT'S GENERATOR AND THE GENERATOR CONDUIT; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportationTHEREFORE, safekeeping and storage of materials and equipment used in the performance of such workTO THE FULLEST EXTENT PERMITTED BY LAW, for the removal of waste and debris resulting therefromTENANT WILL PROTECT, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsDEFEND, 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. Tenant, at Tenant’s sole expense, Tenant may install and maintain in the Roof Area described in Paragraph 1(a) hereof a generator at pad (the Building "Pad"), as necessary, and a back-up generator (“Tenant’s Work”the "Generator," and together with the Pad, collectively, the "Generator Components") in for the location reflected on Exhibit “A”, attached hereto use of Tenant and made a part hereoffor the benefit of the Premises during the term of this Lease. In Performing addition to Tenant's satisfaction of the Tenant’s Workcovenants described in Paragraph 1(a), Tenant shall comply with the following provisionsconditions shall apply:
(i) Tenant Landlord shall first obtain the approval of Landlord have reasonably approved Tenant's plans for installation of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
Generator Components; (ii) Tenant and/or the Generator Components shall be installed at Tenant’s contractor must secure all permits from 's sole cost and expense and any damage to the township. A copy Roof Area or other portions of the permits and the final, approved inspection must Building or Premises resulting from such installation shall be promptly provided repaired by Tenant, at Tenant's sole cost and expense; and (iv) all connections of systems in the Premises to the Generator Components shall be accomplished at Tenant's sole cost and expense and in a manner reasonably acceptable to Landlord;
(iii) The Tenant’s Work . Prior to the expiration or earlier termination of this Lease, Tenant shall be performed remove the Generator Components, unless otherwise agreed to in writing by responsible contractors Landlord, and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or repair any damage to the relationship between such contractors and their subcontractors or employeesRoof Area, Building, or disturb harmonious labor relations Premises resulting from such removal, all at Tenant's sole cost and expense and in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits a manner reasonably satisfactory to Landlord;
(iv. Without limiting the indemnity described in Paragraph 1(a) No such work shall be performed in such manner or at such times as hereof, Tenant hereby agrees to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the indemnify, defend and hold Landlord harmless from and against any and all claims made by any person or party and arising from, under out of or in connection any way connected with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportationinstallation, safekeeping and storage maintenance, removal or failure of materials and equipment used in the performance Generator Components. THIS LEASE is effective as of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsdate first hereinabove written.
Appears in 1 contract
Generator. Tenant, at Tenant’s sole expense, may install a generator at 39.1 Subject to the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto terms hereof and made a part hereof. In Performing the Tenant’s Workapplicable laws, Tenant shall comply have the right to use one (1) back-up electrical generator of a 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 following provisions:
Building by Landlord or other tenants and/or occupants (i) including, without limitation, by means of noise or odor). Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure be responsible for obtaining all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed other approvals required by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors any governmental or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay quasi-governmental authority in connection with any work being done by any the operation and use of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from Generator, and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors 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 transportationGenerator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, safekeeping and storage of materials and equipment used in the performance of such work, Tenant shall reimburse Landlord for the removal of waste same within ten (10) days following billing. Tenant shall be responsible for all maintenance and debris resulting therefrom, 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 caused that may occur with respect to the Generator. The Generator shall be used by them 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 any installations or work performed 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’s . 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), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard "boiler and machinery" insurance coverage with respect thereto. At Landlord's request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1131701.06/SF372493-00050/1-31-20/pwn/pwn -35-
39.2 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 subcontractors.all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord's other remedies (a) Landlord shall have the right to terminate Tenant's rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant's sole cost and expense, to cure such breach, in which event Tenant shall be obligated to 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 -36-
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Generator. TenantTenant 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 Building and Premises (at locations approved in advance by Landlord) reasonably necessary for Tenant’s sole expensebusiness operations in the Premises for emergency back-up purposes (the “Generator”, may install a generator which defined term shall also refer to any associated above-ground fuel tank and all related equipment) at the location on the Building (“Tenant’s Work”) grounds described in the location reflected on Exhibit “A”, EXHIBIT N attached hereto or another location acceptable to Landlord, provided that the installation, maintenance, use, and made a part hereofoperation 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. In Performing 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 and operation of the Generator. 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 Work's name. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications 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 following provisions:
(i) Legal 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 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 damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall first obtain use, maintain, and operate the approval of Landlord Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, or operation of the specific Generator. If Tenant fails to do so within 30 days after Landlord’s request, Landlord may perform such work it proposes and Tenant shall pay to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or 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 contractor must secure right to possess the Premises has been terminated, Tenant shall remove the Generator if requested to do so by Landlord and repair all permits damage caused by such removal and restore the portion of the 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 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 townshiparea surrounding the Generator any spills or other leaks of fluid from the Generator. A copy 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 permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work Generator shall be performed by responsible contractors after normal business hours and subcontractors who shall not prejudice Landlord’s relationship must be coordinated with Landlord’s contractors or subcontractors or . It is the relationship between such contractors 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 subcontractors or employeesrespective affiliates from all losses, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building)claims, costs and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay liabilities arising in connection with any work being done by any or relating to the installation, maintenance, use, operation and removal of the Generator, including, without limitation, that arising from Landlord’s contractors 's negligence (other than its sole or subcontractors 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 the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsquestion.
Appears in 1 contract
Sources: Lease Agreement (ReachLocal Inc)
Generator. 1.1 Subject to the terms hereof and applicable laws, Tenant shall have the right to use one (1) back-up electrical generator of a 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 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. 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), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto. At Landlord’s request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator 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 (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from 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 Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies (a) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant’s sole cost and expense, may install a generator at the Building (“Tenant’s Work”) to cure such breach, in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, which event Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord of the specific work it proposes be obligated to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided pay to Landlord;
, within ten (iii10) The Tenant’s Work shall be performed days following demand by responsible contractors and subcontractors who shall not prejudice Landlord, the amount expended by Landlord, plus Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractors.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. 8.1 Tenant, at Tenant’s sole expense, may install a shall have the right to use the existing generator at serving the Building Expansion Space (the "Generator") and the existing above ground fuel tank (the “Tenant’s WorkTank”) to provide emergency additional electrical capacity to the Expansion Space during the Term. The Generator and the Tank is in the location reflected outlined on Exhibit “A”, C attached hereto and made a part hereofhereof (the “Generator Area”). In Performing Tenant accepts the Tenant’s WorkGenerator in its as-is condition as of the Expansion Effective Date, and Landlord makes no warranties or representations to Tenant as to the condition of the Generator or the Tank. Tenant shall comply with all applicable Laws, including Environmental Laws, pertaining to Tenant’s use of the following provisions:
(i) Generator Area. Tenant shall first obtain also be responsible for the approval cost of Landlord all utilities consumed in the operation of the specific work it proposes to perform Generator and the Tank.
8.2 Tenant shall furnish Landlord with reasonably detailed plans be responsible for assuring that the maintenance, operation and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy removal of the permits Generator and the finalTank shall in no way damage any portion of the Building or Project. To the maximum extent permitted by Laws, approved inspection must Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. Subject to the provisions of Section 9.3 of the Lease, Tenant agrees to be promptly provided responsible for any damage caused to Landlord;
the Building in connection with the maintenance, operation or removal of the Generator by Tenant and, to indemnify, defend and hold Landlord and the Landlord Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (iii) The Tenant’s Work shall if and to the extent permitted by Laws), which may be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employeesimposed upon, incurred by, or disturb harmonious labor relations in the Building (picketers asserted against Landlord or any of the Landlord Parties in connection with the maintenance, operation or removal of the Generator and the Tank by Tenant’s Work , including, without limitation, any environmental and hazardous materials claims; provided, that Landlord shall not be deemed released or indemnified from any such liabilities, obligations, damages, penalties, claims, costs, charges and expenses arising from the maintenance, operation or location of the Generator and the Tank prior to the Expansion Delivery Date, including, without limitation, any environmental and hazardous materials claims arising from the maintenance, operation or location of the Generator and the Tank prior to the Expansion Delivery Date.
8.3 Tenant shall be disturbing harmonious relations in responsible for the Building)operation, cleanliness, maintenance and removal of the Generator and the Tank and the appurtenances, all of which shall remain the personal property of Tenant, and who shall furnish in advance be removed by Tenant at its own expense at the expiration or earlier termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator, Tank and maintain in effect workmen’s compensation insurance in accordance with statutory requirements appurtenances were attached. Such maintenance and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work operation shall be performed in such a manner to avoid any unreasonable interference with any other tenants or at such times Landlord. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to maintain the Generator and the Tank, including without limitation, any enclosure installed around the Generator and the Tank in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to cause keep such enclosure in good condition.
8.4 Tenant, subject to the rules and regulations enacted by Landlord, shall have access to the Generator and the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and the Tank.
8.5 Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator, Tank and Generator Area are solely for the benefit of Tenant. All electricity generated by the Generator may only be consumed by Tenant in the Expansion Space. Landlord shall have no obligation to provide any delay services, including, without limitation, electric current, to the Generator Area. Tenant shall have no right to sublet the Generator Area or to assign its interest therein except in connection with any work being done by any an assignment or sublease of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsExpansion Space.
Appears in 1 contract
Sources: Lease Agreement (Exelixis, Inc.)
Generator. TenantTenant shall have the right, at Tenant’s its sole cost and expense, may to install (i) a backup generator at (the Building (“Tenant’s WorkGenerator”) to provide emergency power to the Premises and (ii) a Storage Tank (as hereinafter defined) for the purpose of storing and supplying fuel for the Generator, provided that the following conditions are satisfied: (a) the Generator, generator pads, related utility lines and conduits, and Storage Tank (collectively, the “Generator Facilities”) shall be installed in a specific location (or specific locations, as applicable) as mutually determined by Landlord and Tenant; (b) Tenant shall install the location reflected on Exhibit “A”, attached hereto Generator Facilities in accordance with all applicable Laws and made a part hereof. In Performing in accordance with plans approved by Landlord in writing; (c) all work in connection with the Tenant’s Work, Tenant installation of the Generator Facilities shall comply with the following provisions:
Lease Requirements; (d) Tenant shall be responsible for the maintenance and repair of the Generator Facilities such that the same remain in good working order and repair, including normal periodic testing of the Generator as recommended by the manufacturer specifications; (e) at the end of the Term, the Generator Facilities (other than any Storage Tanks) shall remain with the Premises (and become the property of Landlord) unless Tenant elects to remove such Generator Facilities prior to or at the expiration or termination of this Lease, in which case Tenant shall remove the Generator Facilities in a good and workmanlike manner and shall promptly repair any damage resulting from such removal and restore the area(s) where the Generator Facilities are located to the condition which existed prior to the installation of the Generator Facilities; (f) the Generator Facilities shall be screened in a manner that is reasonably satisfactory to Landlord at Tenant’s cost; (g) Tenant shall be responsible for any and all utility costs in connection with the Generator Facilities; (h) Tenant shall maintain all Permits required by applicable governmental authorities in connection with the installation and operation of the Generator Facilities and deliver copies of such Permits to Landlord; (i) Tenant the Generator shall first obtain the approval of Landlord of the specific work it proposes to perform be used only for backup power, and shall furnish Landlord with reasonably detailed plans and specifications;
may not be used as a primary power source; (iij) Tenant and/or Tenant’s contractor must secure all permits from may not install any other Storage Tanks on the township. A copy Premises except with the prior written consent of Landlord; (k) if Tenant installs any Storage Tanks on the permits Premises, then Tenant shall, at its sole cost and expense, remove any such Storage Tanks immediately upon earlier of: (I) the finalexpiration or sooner termination of this Lease (except if and to the extent that Landlord, approved inspection must be promptly provided prior to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors the expiration or subcontractors or the relationship between such contractors and their subcontractors or employeessooner termination of this Lease, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work notifies Tenant that Tenant shall not be deemed required to remove any such Storage Tanks); or (II) the order of any governmental authority; and (l) in any event, any such Storage Tanks shall at all times be disturbing harmonious relations and remain the property and responsibility of Tenant. Tenant’s indemnification of Landlord pursuant to Sections 8(d) and 10(d) of this Lease also applies to fuel storage as permitted in the Building), Storage Tank and who shall furnish in advance and maintain in effect workmenTenant’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause use of any delay in connection with any work being done by any portion of the Landlord’s contractors or subcontractors in Premises therefor. Without limiting the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising fromforegoing, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage damages or injury caused by them or in any way relating to fuel, fuel storage and/or any installations fuel spill arising out of Tenant’s use of the Premises for fuel storage and/or the Storage Tank. Tenant’s obligations pursuant to this Section 32 shall survive the expiration or work performed by Landlord’s contractors and subcontractorstermination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Generator. TenantA. Tenant shall have the benefit of the use of the existing emergency generator and associated equipment, at if any (collectively, the “Generator”) for Tenant’s sole expenseback-up electrical service to the Premises, may install a generator at along with associated underground diesel fuel tanks (the Building (“Tenant’s WorkFuel Tanks”) in which may be located at any Buildings or nearby on the location reflected Property (the Generator and the Fuel Tanks are sometimes collectively, the “Redundancy Equipment”). The list of Redundancy Equipment is set forth on Exhibit “A”, E” attached hereto and made a part hereof. In Performing Tenant accepts the Redundancy Equipment in its “as-is” “where-is” condition with all faults. Additionally, upon receipt of written request of Tenant, Landlord grants Tenant the right, at Tenant’s Worksole cost and expense, to install additional generator(s) and above ground fuel tank(s) (the “Additional Redundancy Equipment”) in or around any Building or the Property, subject to obtaining Landlord’s prior written approval, not to be unreasonably withheld, delayed or conditioned, as to location, plans and specifications and installation procedures. Tenant shall will comply with the following provisions:applicable Law and all easements, agreements, covenants, conditions and restrictions of record encumbering the Premises which relate to any such installation, operation, maintenance and repair of the Redundancy Equipment and the Additional Redundancy Equipment. All installations made by Tenant on or about any portion of the Premises pursuant to the provisions of this Section 10 shall be at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Generator and the Fuel Tanks, except to the extent caused by Landlord’s negligence or willful misconduct. Tenant’s indemnity under Subsection 23.A. shall apply with respect to the installation, maintenance, operations, presence or removal of the Generator and the Fuel Tanks by or on behalf of Tenant.
B. Tenant will be responsible for the cost and operation, maintenance, repair, replacement, removal and insuring of the Redundancy Equipment and the Additional Redundancy Equipment, if applicable. Landlord shall not charge any additional Rent for the space utilized by the Redundancy Equipment or the Additional Redundancy Equipment, if applicable. Tenant shall keep and maintain the Redundancy Equipment and Additional Redundancy Equipment in good working order, condition and repair, normal wear and tear excepted. The Generator systems and related equipment shall be maintained and repaired by Tenant in compliance with IEEE Orange Book, Emergency and Standby Power Systems, Chapters 6.7 and 8.5. Tenant shall secure and keep in full force and effect, such supplementary insurance with respect to the Generator and Fuel Tanks as Landlord may reasonably require. Landlord makes no warranties whatsoever as to the permissibility of the Generator and/or Fuel Tanks under applicable Law or the suitability of any portion of the Premises for the installation thereof. Tenant, at its sole cost and expense, shall promptly repair any and all damage to any portion of the Premises caused by the installation, maintenance and repair, operation, replacement or removal of the Generator and/or any Fuel Tanks.
C. Upon the Expiration Date or the earlier termination of this Lease, (i) Tenant shall first obtain the approval of Landlord Generator and the Fuel Tanks will remain with the Buildings, as Landlord’s personal property, in as good working order, condition and repair as of the specific work it proposes to perform Commencement Date, normal wear and shall furnish Landlord with reasonably detailed plans tear excepted, and specifications;
(ii) Tenant and/or at Tenant’s contractor must secure all permits from option, the township. A copy Additional Redundancy Equipment may either remain with the Buildings, as Landlord’s personal property, in as good working order, condition and repair as of the permits date of installation during the Term, normal wear and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employeestear excepted, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance removed in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or Section 14 of this Lease at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from sole cost and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsexpense.
Appears in 1 contract
Sources: Absolute Lease Agreement (First Midwest Bancorp Inc)
Generator. TenantSubject to the provisions hereinafter provided, Tenant shall have the right, at no additional charge, to place a dedicated emergency generator and any other equipment, wiring, shaft space, etc. required in connection therewith on the roof of the Building or adjacent to the loading dock as agreed to by the parties, at Tenant’s sole cost and expense. Subject to all applicable laws, may Landlord shall install a generator at the Building (“same as part of Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord The cost of the specific work it proposes to perform concrete pad shall be borne by Landlord and the generator and associated equipment, and installation thereof, shall furnish Landlord with reasonably detailed plans be borne by Tenant and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy may be paid out of the permits Allowance described in Section 3.1 of this Lease. The size and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers precise location of the Tenant’s Work installation shall not be deemed to unreasonably withheld, conditioned or delayed by Landlord. All installations shall be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements sound construction practices, and comprehensive public liability insurance (naming Landlord in accordance with applicable law, and in a good and workmanlike manner, and shall not materially interfere with other tenants of the Building or Park or decrease the number of parking spaces on the Lot. The cost of any environmental review of the proposed equipment, if reasonably required, shall be at Tenant’s expense. Tenant shall be required to maintain the same at its sole cost in accordance with best industry standards, and Landlord’s contractors agent shall, if reasonably practicable, accompany Tenant and/or any agent of Tenant when making necessary repairs to such equipment. Tenant agrees to maintain insurance on such generator, and subcontractors to name Landlord as an additional insureds) with limits satisfactory to Landlord;
(iv) No insured thereon. Evidence of such work insurance shall be performed in such manner provided to Landlord on or at such times as prior to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Commencement Date. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims liability or loss arising from(except as a result of the negligence or willful misconduct of Landlord, under its agents, employees or in connection with contractors) from or out of the use or removal of such construction; and
(vi) generator and related equipment. Upon expiration of the Term, Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, the same and for repairing any damage caused by them to any installations therefrom. This Section shall survive the expiration or work performed by Landlord’s contractors and subcontractorsearlier termination of this Lease.
Appears in 1 contract
Sources: Sublease (Demandware Inc)
Generator. TenantSubject to compliance with all recorded covenants, conditions, and restrictions, the provisions of all ground or underlying leases, now or hereafter affecting the Project and all applicable Laws and the provisions of this Section 2, Landlord shall permit Tenant to install and maintain, at Tenant’s sole cost and expense, may install a generator at intended to supply back-up electricity to the Building Premises (the “TenantGenerator”). The Generator shall be used by Tenant only during (i) testing and regular maintenance (and all testing shall occur outside of business hours and upon a minimum of 48 hours advance notice to Landlord’s Work”property manager so as not to disrupt other tenants of the Project), or (ii) any period of electrical power outage in the location reflected Premises. Tenant shall submit the specifications for design, operation, installation and maintenance of the Generator (and in no event shall the specifications include any below ground fuel storage tanks) for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Exhibit “A”Tenant complying with such reasonable requirements imposed by Landlord, attached hereto based on the advice of Landlord’s structural and made a part hereofmechanical engineers, so that the Building’s systems are not adversely affected, and Tenant shall reimburse Landlord for all out-of-pocket costs incurred by Landlord in connection with Landlord’s review and consent to such specifications. In Performing the Tenant’s Workaddition, Tenant shall comply ensure that the Generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not unreasonably interfere with the following provisions:
use of the Project or Building by other tenants. In the event another tenant of the Project or of a neighboring project complains in writing of problems caused by the Generator (including noise and/or exhaust complaints), Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the Generator if another solution is not available. Tenant shall ensure that the design and installation of the Generator is performed in a manner so as to minimize or eliminate any noise or vibration caused by the Generator. Any repairs and maintenance of the Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to the Generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant’s sole cost and expense, remove the Generator upon the expiration or earlier termination of the Lease and repair all damage to the Project resulting from such removal. For purposes of the Lease, the Generator and the Generator Area shall be deemed part of the Premises, except for the casualty and condemnation provisions of this Lease and for determining Base Rent and Tenant’s Cost Allocation. Tenant shall be responsible for and shall pay all costs of the Generator, including without limitation any costs arising from any Claims by and third party in connection with Tenant’s use of the Generator and the Generator Area. In connection with Tenant’s use of the Generator, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain (i) Tenant shall first obtain the approval boiler and machinery insurance coverage, written on a cause of Landlord loss – special form (“all risks”) basis, for 100% of the specific work it proposes replacement cost value new, without deduction for depreciation, of the Generator and in amounts that meet any co-insurance clauses of the policies of insurance, and (b) pollution legal liability insurance with a limit of not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate, and Tenant acknowledges and agrees that the provisions of this Lease pertaining to perform insurance and the waiver of subrogation shall apply with respect to such insurance. Tenant’s choice of contractor(s) and subcontractor(s) associated with the Generator shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Generator shall be installed and/or constructed in accordance with the plans and specifications approved by Landlord and shall furnish be performed and completed in compliance with all Laws, free of liens and without any claims for unpaid bills for material, labor or supplies. Landlord’s review of any plans and specifications as set forth in this Section shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, compliance with reasonably detailed Law or other like matters (accordingly, notwithstanding that any plans and specifications are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance that may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such plans and specifications;
(ii) ). Tenant shall carry “Builder’s All Risk” insurance in a commercially reasonable amount covering the installation and/or construction of the Generator, it being understood and agreed that the Generator shall be insured by Tenant immediately upon completion thereof. Tenant’s contractor must secure contractor(s) and subcontractor(s) shall be licensed and carry worker’s compensation insurance covering all permits from the townshipof their respective employees, and shall also carry commercial general liability insurance, including property damage, all with commercially reasonable limits in form and with companies as are reasonably approved by Landlord. A copy Tenant’s contractor(s) and subcontractor(s) shall submit to Landlord a Certificate of Insurance naming Landlord, Landlord’s property management company and any other parties designated by Landlord as additional insureds. Tenant shall furnish to Landlord executed permits, evidence reasonably satisfactory to Landlord of final inspections of the permits Generator of all governmental agencies having jurisdiction over the Premises, and the finalsuch invoices, approved inspection must certifications, affidavits, lien releases, and other documentation as Landlord may reasonably request, to be promptly provided assured, to Landlord;
(iii) The ’s reasonable satisfaction, that the Generator has been installed and/or constructed in compliance with Laws and in accordance with the plans and specifications approved by Landlord and have been paid for by Tenant’s Work shall . Tenant hereby acknowledges that Tenant may be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or performing the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers installation and/or construction of the Tenant’s Work Generator work during the Term, and Tenant shall not be deemed entitled to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner any abatement or at such times as to cause any delay in connection with any work being done by any reduction of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or Rent in connection with such construction; and
(vi) work, nor shall any such work be deemed an eviction, actual or constructive, of Tenant. In the event Tenant elects to construct or install the Generator, Tenant shall prosecute such construction or installation continuously and diligently to completion as soon as reasonably possible. The rights granted under this Section are personal to the Named Tenant and its contractors and subcontractors shall not be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them applicable to any installations other Tenant, assignee, subtenant or work performed by Landlord’s contractors and subcontractorsother transferee or successor.
Appears in 1 contract
Generator. Tenant, at Tenant’s sole expense, may install a generator (a) Provided that at the Building time of such installation (i) there then exists no Event of Default (or any monetary default of which Landlord has given Tenant notice), (ii) this Lease is then in full force and effect and (iii) Original Tenant (together with any Space Occupants) is in actual occupancy of the entire Premises, then, subject to the provisions of Article 8 of the Lease and this Section 11, Tenant shall have the right and option to install, prior to the fifth (5th) anniversary of the 27th Floor Premises Commencement Date, a gas-fired emergency electrical generator of up to 1,000 KVA to serve the Premises, such generator to be located in the location shown on Exhibit D attached hereto in the Building’s loading dock (“Tenant’s WorkGenerator Right”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof). In Performing the Tenant shall exercise Tenant’s WorkGenerator Right by giving written notice to Landlord accompanied by plans and specifications demonstrating to Landlord’s reasonable satisfaction that the installation, Tenant shall comply with the following provisions:
operation and maintenance of such generator will (i) Tenant shall first obtain have no adverse effect upon the approval of Landlord structure of the specific work it proposes to perform Building, the operation and shall furnish Landlord with reasonably detailed plans and specifications;
maintenance of Building systems, or the business of other tenants or occupants; (ii) Tenant and/or Tenant’s contractor must secure all permits from have adequate connection to utilities, ventilation, conduits and risers to the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
Premises; (iii) The be in compliance with laws and insurance requirements; and (iv) be in compliance with all applicable governmental permits and approvals all which shall be obtained by Tenant prior to installation. Landlord’s reasonable satisfaction with the foregoing shall be a condition precedent to installation. Landlord shall have the right to approve the design of the generator, which approval shall not be unreasonably withheld, conditioned or delayed, and in connection therewith, Landlord shall review and provide comments to Tenant’s Work shall be performed by responsible contractors plans and subcontractors who shall not prejudice specifications therefor, but Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers approval of the Tenant’s Work design shall not be deemed to be disturbing harmonious relations in an approval of the Buildinglegality or feasibility of the installation or operation of the generator nor relieve Tenant of otherwise complying with the terms of this Section 11 (other than obtaining Landlord’s approval of such design). Such generator, together with all associated mountings, supports, wiring, cabling, switches and other related equipment, is referred to herein as the “Generator”. Landlord makes no representations of any kind with respect to the feasibility of the installation or operation of the Generator or the ability to obtain any necessary governmental permits and approvals therefor.
(b) Landlord shall have the right (“Landlord’s Generator Space Recapture Right”), at any time after the third (3rd) anniversary of the 27th Floor Premises Commencement Date and who prior to the exercise by Tenant of Tenant’s Generator Right, to give Tenant written notice (“Landlord’s Generator Space Recapture Notice”) demanding that Tenant either exercise Tenant’s Generator Right or lose Tenant’s Generator Right. If Tenant shall furnish in advance and maintain in effect workmenfail, within thirty (30) days after the giving of Landlord’s compensation insurance Generator Space Recapture Notice, to exercise Tenant’s Generator Right in accordance with statutory requirements this Section 11, Tenant’s Generator Right shall be void and comprehensive public liability insurance (naming of no further effect. Landlord and shall exercise Landlord’s contractors Generator Space Recapture Right in good faith based upon the needs of Landlord or other tenants or occupants, and/or prospective tenants or occupants, of the Building.
(c) If, prior to (x) the fifth (5th) anniversary of the 27th Floor Premises Commencement Date or (y) thirty (30) days after the giving of Landlord’s Generator Space Recapture Notice, whichever of (x) or (y) is earlier, Tenant reasonably determines that installation and subcontractors as additional insureds) operation of the Generator in the location shown on Exhibit D attached hereto is not feasible and practicable, then, provided that Tenant waives in writing Tenant’s right hereunder to install the Generator in the location shown on Exhibit D attached hereto, Landlord shall cooperate reasonably with limits satisfactory Tenant (at no cost or expense to Landlord;) to find another location in the Building which is feasible and practicable for the installation of the Generator and, if such alternate location is identified, Tenant’s Generator Right shall apply to such alternate location subject in all events to all of the terms and conditions of this Section 11 including, without limitation, all time deadlines.
(ivd) No such Tenant shall, at Tenant’s sole cost and expense, perform all work necessary to install, maintain, repair and, if required, remove the Generator, including, without limitation, obtaining and maintaining all licenses and permits required for the installation, maintenance, operation, repair and, if required, removal of the Generator. Landlord shall be performed in such manner or at such times as to cause any delay cooperate reasonably with Tenant in connection with any work being done the obtaining and maintaining by any Tenant of the all such licenses and permits, provided that Tenant shall reimburse Landlord’s contractors or subcontractors in the Premises or in the Building generally;
, within thirty (v30) All construction contractors for Tenant’s Work have agreed in writing to language holding the days following demand thereof, all reasonable out-of-pocket third party costs incurred by Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant cooperation, and its contractors and subcontractors such costs shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in Additional Rent. In the performance of any such work, for Tenant shall comply with all applicable provisions of the removal Lease including, without limitation Article 8 of waste and debris resulting therefromthe Lease. Landlord shall supervise the performance of any such work, and for Tenant shall pay to Landlord, as Additional Rent, a fee not to exceed five percent (5%) of Tenant’s costs and expenses.
(e) Notwithstanding anything to the contrary contained in the Lease, (i) the Generator shall be deemed to be a Specialty Alteration, (ii) the Generator shall be deemed to be the property of Landlord and, subject to Landlord’s right to have Tenant remove the same as hereinafter set forth, shall be surrendered with the Premises upon the expiration or earlier termination of the Term and (iii) Landlord shall have the right, upon written notice to Tenant given at any damage caused time prior to the expiration or earlier termination of the Term, to require that the Generator be removed upon the expiration or earlier termination of the Term.
(f) Tenant agrees that Tenant’s indemnification of the Landlord Parties set forth in Section 8.3(c) and 11.1 of the Lease shall include all injury, loss, claims, damage, expense (including reasonable attorneys’ fees and disbursements actually incurred by them Landlord) in connection with the installation, operation, repair, maintenance and, if required, removal, of the Generator.
(g) Tenant’s Generator Right is personal to Original Tenant and shall not be transferred, assigned or exercised by any other party, it being agreed, however, that, following the installation of the Generator, the Generator shall be available to any installations permitted assignee or subtenant of all or any portion of the Premises to be used in accordance with this Section, provided that Landlord shall have no obligation to incur any cost or to perform any work performed by Landlord’s contractors in connection therewith. The Generator shall be used solely for purposes incidental to the business of Tenant (and subcontractorsnot for re-sale).
Appears in 1 contract
Sources: Lease (Cowen Group, Inc.)
Generator. TenantSubtenant 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 331 Building (the “Generator Area”). Sublandlord agrees that Subtenant shall be entitled to use 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 and operate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, applicable zoning restrictions, City and County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at TenantSubtenant’s sole expensecost and expense all permits, may install a generator at certificates or other authorizations required for operation of the Building (“Tenant’s Work”) Generator. Subtenant shall be solely responsible to ensure that the Generator is operated in compliance with applicable laws, rules and regulations and the location reflected on Exhibit “A”terms of the Master Lease and any governing CC&Rs, attached hereto and made a part hereof. In Performing to ensure that the Tenant’s Work, Tenant shall comply Generator does not interfere with the following provisions:
(i) Tenant shall first obtain the approval business operations or quiet enjoyment of Landlord other tenants or occupants of the specific work it proposes to perform Center. Without limiting the indemnity set forth in Section 11.2 below, Subtenant hereby indemnifies, defends and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord holds Sublandlord harmless from and against any claims, suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or ▇▇▇▇▇ (collectively, “Claims”) caused by or resulting from Subtenant’s use and all claims arising fromoperation of the Generator, under 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. Immediately prior to the Expiration Date, promptly following Subtenant’s request, Sublandlord agrees to execute a quit claim ▇▇▇▇ of sale in connection with such construction; and
(vi) Tenant form and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used substance reasonably acceptable to Sublandlord transferring any ownership interest Sublandlord has in the performance Generator to Subtenant, without warranty. Other than pursuant to such ▇▇▇▇ of such worksale, for or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the removal Master Lease (including, without limitation, Section 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 waste this Sublease and debris resulting therefrom, and for repair any damage caused by them 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 installations closure or work performed similar report issued by Landlordany governmental authority with respect to Subtenant’s contractors cessation of use and subcontractorsremoval of the Generator.
Appears in 1 contract
Sources: Sublease (Prothena Corp PLC)
Generator. a. Landlord has agreed to sell to Tenant the [***] generator located at the 1010 ▇▇▇▇▇▇▇▇ Premises (the “Generator”) for a price of One Hundred Dollars and No/100 ($100.00) (the “Generator Fee”). Such sale shall be effectuated by Tenant’s delivery to Landlord of notice that it is ready to begin removing the Generator along with the Generator Fee. Promptly following Landlord’s receipt of such notice from Tenant, Landlord shall deliver to Tenant of the ▇▇▇▇ of Sale attached hereto as Exhibit A. The parties acknowledge and agree that the Generator is not a fixture and must be fully removed by Tenant not later than September 30, 2017. Tenant shall be solely responsible for all restoration costs including the costs of disassembly of the Generator and all associated above ground or underground storage tanks and the removal of the Generator from the Industrial Center. All such disassembly and removal shall be in compliance with all applicable governmental laws, ordinances and regulations related to 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 above ground or underground storage tanks Tenant shall provide Landlord with a detailed work plan, to be approved in Landlord’s reasonable discretion prior to the commencement of any work. Notwithstanding the foregoing, at Landlord’s request made within three (3) business days after receipt of Tenant’s sole expensenotice under this paragraph, Landlord may install a designate the [***] generator located at the Building (940 ▇▇▇▇▇▇▇▇ Premises as the “Tenant’s Work”) in Generator” to be sold and transferred to Tenant hereunder.
b. Except to the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing extent caused by the Tenant’s Workgross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the finalprotect, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employeesdefend, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building)indemnify, and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming hold Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord Entities harmless from and against any and all claims arising fromloss, under claims, liability, or costs (including court costs and reasonable attorneys’ fees) incurred in connection with such construction; and
(vi) Tenant the disassembly and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsthe Generator.
Appears in 1 contract
Sources: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)
Generator. Tenant may install, operate, and maintain 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 all related equipment) at Tenant’s sole expense, may install a generator at location on the Building grounds acceptable to Landlord, provided that the installation, maintenance, use, and 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 (“Tenant’s Work”) in the location reflected on Exhibit “A”"LEGAL REQUIREMENTS"), attached hereto and made a part hereofTenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. In Performing Before beginning the Tenant’s Workinstallation of the Generator, Tenant shall deliver to Landlord final plans and specifications 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 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 following provisions:
(i) Tenant Legal Requirements; such compliance shall first obtain 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 model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits specifications therefor and the finalsize and location thereof, approved inspection must be promptly Tenant may install the Generator provided to Landlord;
(iii) The Tenant’s Work shall be that such work is performed by responsible contractors in a good and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employeesworkmanlike manner, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements all Legal Requirements and comprehensive public liability insurance (naming Landlord the plans and Landlord’s contractors specifications therefor and subcontractors in a manner so as additional insureds) with limits satisfactory not to Landlord;
(iv) No such work damage the Building; thereafter, Tenant shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising fromuse, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrommaintain, and for any operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by them the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to any installations or work performed by Landlord’s contractors and subcontractors.its condition immediately before the installation thereof. If Tenant fails
Appears in 1 contract
Generator. TenantAfter the date of this Lease, Tenant shall have the right, at Tenant’s sole risk and expense, may to install a generator (“Generator”) at the Building (“Tenant’s Work”) in a location and manner acceptable to Landlord and subject to the location reflected on Exhibit “A”requirements of all Governmental Requirements, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions:
provided that (i) Tenant the installation of any Generator shall first obtain the approval 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 Landlord of the specific work it proposes to perform liens and shall furnish Landlord in accordance with reasonably detailed plans and specifications;
specifications therefor reasonably approved in writing by Landlord, which plans shall show the proposed installation thereof; (ii) Tenant and/or shall keep the Generator in good condition and repair and perform all maintenance and repairs thereto at Tenant’s contractor must secure all permits from the township. A copy of the permits sole cost and the final, approved inspection must be promptly provided to Landlord;
expense; (iii) The TenantTenant shall pay all costs for utilities or other services in connection with the operation of the Generator; (iv) Landlord shall not be responsible for any loss or damage to the Generator, and Tenant shall indemnify, hold Landlord harmless and defend Landlord from and against all claims, damages, liability or expense (including attorney fees) related directly or indirectly to the installation, existence, use, maintenance, repair, testing, removal or replacement of the Generator; (v) Tenant shall be responsible for all repairs, maintenance, preventing and 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 and, at Landlord’s Work option, shall either reimburse Landlord for the cost thereof or cause the same to be performed by responsible contractors and subcontractors who workmen reasonably acceptable to Landlord (subject to Section 4.5 of this Lease); (v) at the request of Landlord, Tenant shall not prejudice Landlord’s relationship with Landlord’s contractors remove or subcontractors temporarily relocate the Generator, if necessary, to facilitate any repairs or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in replacements to the Building being performed by Landlord; (picketers vi) prior to the expiration of the Lease Term or upon the earlier termination of this Lease, Tenant’s Work , at its sole cost, shall not be deemed to be disturbing harmonious relations remove the Generator installed by Tenant in the Building), repair any damage caused thereby and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in restore the Building generally;
to the condition existing prior to the installation thereof; and (v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vivii) Tenant and its contractors and subcontractors Landlord shall be solely responsible for have exclusive access to the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefromGenerator, and for any damage caused Tenant may construct such barriers as reasonably approved by them Landlord to any installations protect the Generator from vandalism or work performed by Landlord’s contractors and subcontractorsother hazards.
Appears in 1 contract
Generator. a. Tenant shall have the right to install one (1) back-up electrical generator (the “Generator”) in a location mutually acceptable to Landlord and Tenant (the “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, may shall install a generator 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 limitation, the manner and means of Tenant’s connection of the Generator to the core of the Building (“Tenant’s Work”and/or through the Building risers to the Premises) in shall be subject to the location reflected on Exhibit “A”prior approval of Landlord, attached hereto which approval shall not be unreasonably withheld and made a part hereofotherwise subject to the provisions of this Lease related to the performance of improvements within the Premises. In Performing the Tenant’s Work, Tenant shall comply be responsible for all maintenance and repairs and compliance with law obligations related to the following provisions:
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) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform testing and shall furnish Landlord with reasonably detailed plans regular maintenance, and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy period of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations 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 Generator and/or based upon other reasonable factors as determined by Landlord. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s 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 who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming hold harmless Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay for all Claims incurred in connection with or arising from any work being done by 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 contractors option, Landlord may require that Tenant remove the Generator and all related facilities and equipment upon the expiration or subcontractors in the Premises or in earlier termination of this Lease, and repair all damage to the Building generally;
(v) All construction contractors for resulting from such removal and restore all affected areas to their condition existing prior to Tenant’s Work have agreed in writing to language holding installation of the Landlord harmless from Generator, all at Tenant’s sole cost and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractorsexpense.
Appears in 1 contract
Generator. For so long as Tenant has a right to possession of the Premises, Tenant shall have use of the existing Generator on the Premises subject to the terms of this article. Landlord makes no representations or warranties of any kind, INCLUDING WARRANTIES OF FITNESS OF PURPOSE, as to the Generator and Tenant accepts same in “as-is” condition. Tenant, at Tenant’s its sole expense, may install a generator at shall comply with all applicable laws, ordinances, rules, regulations, and requirements (and obtain all permits) of all governmental and quasi-governmental authorities having jurisdiction in any manner affecting or relating to the Building (the “Codes”) and also with all requirements or recommendations of Landlord’s insurer, lender, or both to the extent that compliance with these requirements arises out of Tenant’s Work”) in repair, maintenance, or operation of the location reflected on Exhibit “A”Generator (including, attached hereto without limitation, installation of wiring, cabling, fuse boxes, transformers, and made a part hereofall other ancillary equipment). In Performing Landlord shall have no responsibility or liability for the conduct or safety of any of Tenant’s Workrepresentatives, or repair, maintenance, and engineering personnel while in any part of the Building Project; it being understood and agreed that Tenant shall comply with be solely liable for any injury to or death of any such person from any cause other than the following provisions:
(i) gross negligence or willful misconduct of Landlord. Tenant shall first obtain the approval give Landlord prompt written notice of Landlord of the specific work it proposes any accident to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided any equipment or apparatus belonging to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who . Landlord shall not prejudice Landlord’s relationship with Landlord’s contractors be liable for any latent defect or subcontractors change or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations modification in the Building (picketers Project or Generator site, nor for any damage to property or persons caused by any overflow or leakage of water, steam, gas, electricity, or any other substance from any other source whatsoever except for such damage caused by the Tenant’s Work gross negligence or willful misconduct of Landlord. Landlord shall not be deemed liable to be disturbing harmonious relations in Tenant for any stoppages or shortages of electrical power furnished to the Building)Generator because of any act, omission, or requirement of any electrical utility provider, or the act or omission of any other tenant or licensee of the Building Project, or for any other cause beyond the control of Landlord. Tenant shall promptly repair, at its sole expense, all damage to the area and who to any other part of the Building Project caused by or resulting from the installation, maintenance, repair, operation of the Generator. The Generator shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming at all times remain the property of Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall not be performed in such manner or at such times as to cause any delay in connection with any work being done removed by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractors.
Appears in 1 contract
Sources: Lease (Health Benefits Direct Corp)
Generator. Subject to Landlord’s prior written approval of Tenant’s plans, Tenant shall be permitted to install, maintain, replace and operate (collectively, the “Generator Installation”) an emergency generator and above-ground fuel tank, together with all related pipes, wiring, conduits, and related improvements (collectively, the “Generator”) in an area designated by the Landlord, in Landlord’s reasonable discretion, the installation and maintenance of which shall be at Tenant’s sole cost and expense. The Generator Installation shall be performed in compliance with applicable laws. Tenant shall be responsible to obtain all necessary governmental permits (true copies of which are to be provided to Landlord) and association approvals in connection with Generator Installation and operation of the Generator. Tenant 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 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 sole expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions:
expense to (i) Tenant shall first obtain remove the approval of Landlord Generator at the expiration of the specific work it proposes to perform Term; and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure repair all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being injury done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the installation or removal of waste and debris resulting therefromthe Generator, and for any damage caused by them provided that Landlord gives notice to any installations or work performed by Landlord’s contractors and subcontractorsTenant no later than thirty (30) days prior to the expiration of the Lease Term.
Appears in 1 contract
Sources: Office Lease (FlexShopper, Inc.)
Generator. Tenant may locate one (1) back-up generator (“Tenant’s Generator”) in a location adjacent to the 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. It is anticipated that Tenant’s Generator shall be located in the location identified on Exhibit F attached hereto as Generator Location, and Landlord hereby approves the location of Tenant’s Generator within such location. Tenant shall maintain Tenant’s Generator at Tenant’s sole expensecost in good working order, may install a generator condition and repair. Tenant’s Generator shall be maintained at the Building (“Tenantsole risk of Tenant and shall be subject to applicable law and such reasonable rules and regulations from time to time provided by Landlord. Upon Landlord’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Workrequest, Tenant shall comply promptly relocate, temporarily or permanently, Tenant’s Generator. Landlord shall reimburse Tenant for the 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 following provisions:
(i) use and operation of the Building. To the extent that Tenant’s Generator shares facilities with any Building system, Tenant shall first obtain pay the approval incremental costs of Landlord such facilities in excess of the specific work it proposes costs that Landlord would incur but for such sharing within thirty (30) days of Landlord’s demand. Upon Landlord’s request, Tenant shall provide sound and visual screening of Tenant’s Generator reasonably acceptable to perform Landlord and shall furnish Landlord with reasonably detailed plans secure and specifications;
(ii) Tenant and/or protect, to the extent necessary in Landlord’s determination, Tenant’s contractor must secure all permits Generator from the townshipvehicular traffic. A copy of the permits and the final, approved inspection must Tenant shall be promptly provided required to Landlord;
(iii) The remove Tenant’s Work shall be performed by responsible contractors Generator upon expiration or sooner termination of this Lease and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between repair all damage resulting from such contractors removal and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for restore any damage caused by them to any installations or work performed by Landlordthereby. Tenant agrees that Tenant’s contractors and subcontractorsGenerator shall only be used for back up purposes in the event of disruption of Tenant’s primary power source.
Appears in 1 contract
Sources: Lease Agreement (JetPay Corp)
Generator. Landlord grants to Tenant the right to install and maintain an emergency electricity generator (hereinafter referred to as the "EG") to serve Tenant, at Tenant’s sole expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply accordance with the following provisions:
following: (i) Tenant shall first obtain the approval bear all costs of Landlord installation of the specific work it proposes to perform EG, and shall furnish Landlord with reasonably detailed plans and specifications;
all other related equipment; (ii) Tenant and/or Tenant’s contractor must secure all permits from Landlord shall designate the township. A copy actual location of the permits and the finalEG, approved inspection must which shall be promptly provided reasonably acceptable to Landlord;
Tenant; (iii) The Tenant’s Work Tenant shall provide Landlord with plans and specifications for the EG and related equipment, which shall be subject to Landlord's approval which shall not be unreasonably withheld or delayed; (iv) Tenant shall secure all necessary building and operating permits, shall provide copies of same to Landlord and shall comply with all Laws with respect thereto and shall provide Landlord copies of all applications for permits, including all specifications and drawings required for the securing of said permits; (v) installation shall be performed by responsible contractors and subcontractors who shall not prejudice approved by Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work which approval shall not be deemed unreasonably withheld or delayed, and treated as an Alteration of a structural component; (vi) any damage to the Project caused by such installation or by the operation or existence of the EG shall be repaired by Tenant immediately; (vii) at the termination of this Lease by expiration of time or otherwise, at the request of Landlord, Tenant, at its sole cost and expense, shall remove the EG and all related equipment and shall restore the area of the Project to its condition prior to installation, provided that absent such request, the EG shall not be removed and shall become the property of Landlord; (viii) all restoration and repair hereby required to be disturbing harmonious relations performed by Tenant shall be completed under the supervision of a representative of Landlord at such time and in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors such manner as additional insureds) with limits is satisfactory to Landlord;
; (ivix) No such work Tenant shall be performed maintain property insurance, primary to any insurance maintained by Landlord with respect to the EG in such manner a form reasonably satisfactory to Landlord, and Landlord shall have no obligation to repair or at such times as to cause any delay in connection with any work being done by any of replace the Landlord’s contractors or subcontractors EG in the Premises event of any casualty or in the Building generally;
event of condemnation; and (vx) All construction contractors neither Overlandlord nor Landlord, nor their officers, lenders, directors, shareholders, partners, agents or employees shall be liable or responsible to Tenant for Tenant’s Work have agreed in writing any loss or damage to language holding the Landlord EG or any to any other person relating to the operation, or installation of the EG occasioned by any act or occurrence whatsoever. Tenant hereby indemnifies and agrees to hold Landlord, Overlandlord and their affiliates and their respective officers, lenders, directors, shareholders, partners, agents, or employees harmless from and against any liability, claim cost or expense of any nature, including reasonable fees of counsel and all claims litigation expenses arising from, under out of or in connection with the installation, operation, existence, or removal of the EG, provided however Tenant shall in no event be liable for consequential, indirect or punitive damages of any kind, regardless of the legal theory upon which such construction; and
(vi) claim may be based. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify Landlord, Overlandlord or their respective affiliated entities, agents, officers, directors, partners, successors and its contractors and subcontractors shall be solely responsible for assigns, to the transportationextent the liability against which any such party is claiming indemnification is caused by the breach of this Lease by, safekeeping and storage of materials and equipment used in or the performance misconduct or negligence of such workparty or its respective affiliated entities, for agents, officers, directors, partners, successors, assigns, employees, contractors or invitees. With respect to the removal EG, Tenant hereby waives any and all damages, save and except the actual cost of waste and debris resulting therefromproperty damage including, and for any damage caused by them but not limited to, punitive or consequential damages, with respect to any installations such act or work performed by negligence of Landlord’s contractors and subcontractors, its agents, employees or contractors.
Appears in 1 contract
Sources: Lease Agreement (Praxair Inc)
Generator. Tenant is hereby granted at no additional cost to Tenant, at Tenant’s sole expensesubject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be reasonably imposed by Landlord, may install a generator at the Building (“Tenant’s Work”) right to install, secure, maintain, replace and operate in the location reflected as reasonably determined on Exhibit “A”the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached hereto to the Generator or the Space other than those required by Requirements. All signs required, if any, and made a part hereofthe location thereof, shall be first approved in writing by Landlord. In Performing the Tenant’s Workperformance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the Generator, Tenant shall comply with all of the following provisions:applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair of the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space.
(ia) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall first obtain make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the approval Generator to the Substitute Space (with only a commercially reasonable lapse of Landlord service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the specific work it proposes to perform and Generator shall furnish Landlord not unreasonably prevent or unreasonably interfere with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy operation or use of any equipment of any present or future tenant or occupant of the permits and Building, Building Two or of Landlord. Testing of the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work Generator shall be performed by responsible contractors during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and subcontractors who Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall not prejudice Landlord’s relationship make prompt application for, with Landlord’s contractors or subcontractors or 's cooperation but at no cost to Landlord), shall replace the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in Generator with the Building (picketers of the Tenant’s Work new non-interfering Replacement which shall not then be deemed to be disturbing harmonious relations in the Building)Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and who shall furnish Tenant agrees to accept same in advance its "as is" condition and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with without any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing alterations to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed made by Landlord’s contractors and subcontractors.
Appears in 1 contract
Generator. TenantLandlord shall, at 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 sole expense, may install a IT Room to the back-up generator at servicing the Building (“Tenant’s WorkGenerator”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof). In Performing no event shall the Tenant’s WorkIT 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 comply not make any alterations, improvements or additions to the 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 property, however occurring, through or in connection with or incidental to the following provisions:
(i) operation or use of the Generator, but in no event for any interruption to Tenant’s business, however occurring. Tenant shall first obtain pay Landlord, Tenant’s pro-rata share of all costs incurred by Landlord for the approval of Landlord repair and maintenance of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Generator, as well as Tenant’s contractor must secure all permits from the township. A copy pro-rata share of the permits cost to provide fuel to the Generator. Such costs shall be due and the final, approved inspection must be promptly provided to payable as Additional Rent upon Landlord;
(iii) The ’s demand therefore. For purposes hereof Tenant’s Work pro-rata share shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations .88 % (Tenant’s KW/1250 KW). Tenant shall have the right, subject to Landlord’s prior written 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 who related equipment and perform Building standard testing with respect thereto. Building standard testing shall furnish in advance consist of running the Generator under no-load conditions monthly and maintain in effect workmen’s compensation insurance performing an annual “pull-the-plug” test. The cost of such maintenance and testing shall be billed to Tenant in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as the immediately preceding paragraph. If Tenant requires additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any testing of the Landlord’s contractors or subcontractors in Generator after the Premises or in the Building generally;
Commencement Date, all costs of same, (vi.e. incremental costs of labor, materials, and fuel) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for borne by Tenant as a direct expense. Tenant has the transportationright 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, safekeeping and storage Tenant shall reimburse Landlord, within thirty (30) days of materials and equipment used in the performance of such workbilling, for all of the removal of waste and debris resulting therefrom, and for any damage caused by them costs to any installations or work performed by Landlord’s contractors and subcontractorsrun the Generator during said periods.
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Generator. Landlord acknowledges that Tenant, at Tenant’s its sole cost and expense, may install a an emergency generator outside of the Building, the exact size and location of which to be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole cost, shall be responsible for obtaining any governmental approvals necessary with respect to the installation and operation of the generator. Landlord shall have no obligation to perform any maintenance or repairs with respect to the generator, the cost of which shall be borne solely by Tenant. The generator shall be properly screened to Landlord’s reasonable satisfaction. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the generator. Tenant’s indemnity under Article 23 shall apply with respect to the installation, maintenance, operations, presence or removal of the generator by Tenant. At the end of the Term, at Landlord’s option, Tenant shall remove the generator and restore the affected areas to the condition existing prior to installation. Notwithstanding anything contained herein to the contrary, Landlord makes no representation as to the availability of space at the Building (“or the Real Property for installation of a generator by Tenant’s Work”) in the location reflected on Exhibit “A”. EACH PARTY AGREES that it will not raise or assert as a defense to any obligation under this Lease, attached hereto and made a part hereof. In Performing the Tenant’s Workor make any claim that this Lease is invalid or unenforceable, Tenant shall due to any failure of this document to comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the finalministerial requirements, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors including requirements for corporate seals, attestations, witnesses, notarizations or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building)other similar requirements, and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory each party hereby waives the right to Landlord;
(iv) No assert any such work shall be performed in such manner defense or at such times as make any claim of invalidity or unenforceability due to cause any delay in connection with any work being done by any of the Landlord’s contractors foregoing. This Lease may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this Lease, will constitute a complete and fully executed original. All such fully executed counterparts will collectively constitute a single Lease agreement. Tenant expressly agrees that if the signature of Landlord and/or Tenant on this Lease is not an original, but is a digital, mechanical or subcontractors in the Premises electronic reproduction (such as, but not limited to, a photocopy, fax, e-mail, PDF, Adobe image, JPEG, telegram, telex or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising fromtelecopy), under then such digital, mechanical or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors electronic reproduction shall be solely responsible for the transportationas enforceable, safekeeping valid and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrombinding as, and for any damage caused the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by them its signatory. THE PARTIES to any installations or work performed by Landlord’s contractors this Lease have executed and subcontractors.delivered this Lease as of the date set forth above. LANDLORD: TENANT: By: M▇▇▇-▇▇▇▇ Realty, L.P., sole member By: M▇▇▇-▇▇▇▇ Realty Corporation, general partner By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ K▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ D▇▇▇▇ ▇. ▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇. Berlin Senior Vice President of Leasing CEO
Appears in 1 contract
Generator. Tenant, at Tenant’s sole expense, may install a generator at A. During the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto initial Term and made a part hereof. In Performing the Tenant’s Workany renewal thereof, Tenant shall comply with have the following provisions:
right to install a supplemental generator (ithe "Generator") Tenant to provide emergency additional electrical capacity to the Premises. The Generator shall first obtain be placed at a location at the Property designated by Landlord (the Generator Location"). However, Tenant's right to install the Generator shall be subject to Landlord's reasonable approval of Landlord the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the specific work it proposes Generator. Landlord shall have the right to perform require (at the time Landlord approves the plans for the Generator and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy installation thereof or within 30 days after installation of the permits Generator) an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the final, approved inspection must be promptly provided existence of the Generator and to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or minimize any adverse effect that the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in installation of the Generator may have on the appearance of the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Property. Tenant and its contractors and subcontractors shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the transportationcost of installing, safekeeping operating, maintaining and storage removing the Generator. Tenant shall also be responsible for the cost of materials and equipment used all utilities consumed in the performance operation of such workthe Generator. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before 6 months after the Commencement Date or if Tenant, after installation, removes the Generator from the Generator Location for reasons other than the repair and replacement of the Generator, Tenant's right to install the Generator 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 waste and debris resulting therefrom, and the Generator will in no way damage the Building or Property. Tenant agrees to be responsible for any damage caused to the Building or Property in connection with the installation, maintenance, operation or removal of the Generator 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 them 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 its appurtenances, including, without limitation, any environmental and hazardous materials claims.
C. Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and 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 the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any installations or work performed enclosure surrounding the Generator 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’s contractors , shall have unlimited access to the Generator and subcontractorsits surrounding area for the purpose of installing, operating, repairing, maintaining and removing the Generator.
E. Tenant shall only test the Generator before or after Normal Business Hours and upon prior notice to Landlord.
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