Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.
Appears in 2 contracts
Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain Table of Contents equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (ia) Tenant shall obtain Landlord’s reasonable approval of the contractor which shall undertake such installation; (iib) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iiic) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (ivd) Tenant shall submit to Landlord for approval in its reasonable discretionapproval, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed reasonably acceptable to Landlord at the time that the UPS is approved by Landlord Landlord, which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately promptly report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.
Appears in 2 contracts
Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)
Generator. 56.1 Subject Tenant is hereby granted the right, subject to all applicable laws and the terms and conditions set forth below, Tenant shall have the right requirements of this Section 27 to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages wiring as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord if to be constructed by Tenant determines that on a location on the UPS is not functioning properlyLot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, is leaking or is in violation of any Applicable Laws. At the end operation and maintenance of the Term, if requested by Landlord, TenantGenerator, at Tenant’s sole cost and expense, . Tenant acknowledges and agrees that it shall remove the UPS and restore the area in which it was located be solely responsible for all costs to its condition immediately prior to be incurred for the installation of any natural gas line to service Generator (the UPS“Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalretain ownership of the Generator following the expiration of the Term or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease, Lease (Virtusa Corp)
Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreeTenant, at Tenant’s sole expense, one back-up may install a generator and related fuel storage, cabling and equipment at the Building (collectively, a “UPSTenant’s Work”) to provide uninterrupted power to certain equipment in the Premiseslocation reflected on Exhibit “A”, provided that attached hereto and made a part hereof. In Performing the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the BuildingTenant’s Work, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere Tenant shall comply with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: following provisions:
(i) Tenant shall first obtain Landlord’s the approval of Landlord of the contractor which specific work it proposes to perform and shall undertake such installation; furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant shall obtain and/or Tenant’s contractor must secure all permits and governmental approvals required for from the installation township. A copy of the UPS; permits and the final, approved inspection must be promptly provided to Landlord;
(iii) Tenant 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 contractor approved by Landlord to undertake relationship between such installation contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord not be deemed to be named 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 an insured under such insurance policies; and 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 submit to Landlord for approval in its reasonable discretion, plans be solely responsible for the installation transportation, safekeeping and storage of materials and equipment used in the UPSperformance of such work, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation removal of the UPS. Tenant shall immediately report waste and debris resulting therefrom, and for any damage caused by them to Landlord if Tenant determines that the UPS is not functioning properly, is leaking any installations or is in violation of any Applicable Laws. At the end of the Term, if requested work performed by Landlord, Tenant, at Tenant’s sole cost contractors and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalsubcontractors.
Appears in 2 contracts
Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)
Generator. 56.1 (i) Subject to the terms satisfaction of all applicable provisions of this Lease and the conditions set forth belowin this Section, and provided that Tenant complies with all applicable zoning and other applicable rules and regulations, Tenant shall have the license and with all necessary rights thereto, at Tenant’s own cost and expense (but at no additional rental, use or other fee) and subject to the terms of this Lease, to install, operate, maintain, repair, replace and upgrade a UPS generator and corresponding fuel tank (collectively, the “Generator”) in an area on the ground at the Building’s exterior adjacent to the Premises, such area to be approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be solely responsible for obtaining all necessary permits and licenses required to install and operate the Generator. Tenant shall provide copies of all such permits and licenses to Landlord.
(ii) The size, location, design and manner of installation of the Generator and all related wiring shall be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned, taking into account Tenant’s technical operating requirements. Tenant shall have the right at all times to access, install and maintain the Generator and shall have the right to install all reasonable wiring related thereto. At all times, Tenant must cause the Generator to be properly screened and enclosed (including all necessary containment fields) and properly vented as approved in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved advance by Landlord in writing (writing, which approval shall not be unreasonably, unreasonably withheld, conditioned conditioned, or delayed). Tenant shall not be permitted to make any installation that (a) would adversely affect (or in a manner that would adversely affect) any building systems or the structure of the Building, unless Landlord expressly approves such installation in writing, (b) would invalidate any warranty with respect to the structure of the Building, or (c) would violate any applicable federal, state or local law, rule or regulation. Landlord shall not interfere with the operations of the Generator, including approval by Landlord the use thereof, nor allow, cause, or permit other occupants of the exact locationBuilding to interfere with the Generator, type, style, dimensions, weight, plans and installation procedures for including the UPS and the characteristics and type use thereof. Tenant shall maintain such insurance (in addition to that required by Article 17 of fuel powering such UPS. Prior this Lease) as is appropriate with respect to the installation installation, operation and maintenance of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; Generator.
(iii) Tenant represents and warrants that the contractor approved installation, operation and maintenance of the Generator will not (a) cause any damage to the structural portions of the Building, or (b) interfere with or disrupt the use or operation of any other equipment of the Building or of any other tenant. Tenant shall be responsible for repairing any damages or removing any such interference or disruption caused by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require andthe Generator or the installation, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and operation or maintenance thereof.
(iv) Tenant shall submit to Landlord for approval in its reasonable discretionTenant’s installation, plans for the installation operation and maintenance of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all Generator shall be in accordance with all Applicable Lawsfederal, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereofstate and local laws and regulations. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout all times during the Term, Tenant shall (A) ensure maintain the Generator in clean, good and safe condition, in a manner that the UPS complies avoids interference with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable or disruption to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation other tenants of the UPS. Building.
(v) Tenant shall immediately report reserves the right to Landlord if Tenant determines that discontinue (on a temporary, intermittent or permanent basis) its use of the UPS is not functioning properly, is leaking Generator at any time prior to the termination of this Lease or is in violation of any Applicable Lawsrenewal or extension thereof for any reason whatsoever. At the end expiration or earlier termination of this Lease, or in the Termevent removal is required by any federal, if requested by Landlordstate or local regulatory authority, TenantTenant shall remove the Generator, at Tenant’s sole cost and expense, shall and surrender the area occupied by same in good condition, ordinary wear and tear and unavoidable damage by the elements excepted. If Tenant fails to so remove the UPS Generator in accordance with the foregoing, Landlord shall have the right to remove and restore the area in which it was located to its condition immediately prior to the installation dispose of the UPS. Tenant shall obtain Generator, at Tenant’s expense sole cost and expense, and Landlord shall have no liability therefor.
(vi) Any language in this Lease other than Section 19.1 notwithstanding, Landlord shall not be liable for, and Tenant shall indemnify, defend and hold Landlord harmless from and against, any and all permits liability, damages (including but not limited to personal injury, death, or property damages), costs, expenses, and governmental approvals necessary for such removalattorneys’ fees incurred by Landlord arising from the Generator, including those arising from the installation, use, maintenance and removal thereof, except to the extent caused by the negligence or willful misconduct of Landlord.
(vii) The Generator may be used by Tenant only to operate its telecommunications, computer, lights and HVAC equipment within the Premises in the event of a power failure. The license granted under this Section 15.4 is transferable to a full or partial subtenant or assignee permitted pursuant to the provisions of Article 11; provided, however, that no assignee or subtenant shall have any rights pursuant to this Section, combined with any rights maintained by Tenant in the case of a partial sublease, greater than those rights originally conferred upon Tenant.
Appears in 1 contract
Sources: Deed of Lease (Xo Holdings Inc)
Generator. 56.1 Subject 2.01 Tenant, subject to the terms Landlord’s review and conditions set forth belowapproval of Tenant’s plans therefor, Tenant shall have the right to install in such location adjacent a supplemental generator with a capacity not to exceed 400 kilowatt (the “Generator”) and an above ground fuel tank (the “Tank”) to provide emergency additional electrical capacity to the Building as Premises during the Term. If, during the Term of this Lease, Tenant reasonably determines in its business judgment that the 400 kilowatt capacity is insufficient for Tenant’s standard business operations at the Premises, Landlord and Tenant shall in good faith (and at no additional cost or expense to Landlord) work together to reasonably determine if the 400 kilowatt capacity of the Generator may be increased and, if so, the terms and mutually agree, at conditions applicable to any such increase. Tenant’s sole expenseplans for the Generator and the Tank shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Tank shall be placed at the location outlined on Schedule 2 attached hereto and made a part hereof (the “Generator Area”). Notwithstanding the foregoing, one back-up generator Tenant’s right to install the Generator and related fuel storagethe Tank shall be subject to Landlord’s prior written approval, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for manner in which the UPS Generator and the characteristics Tank is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and type exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of fuel powering such UPSthe Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Prior Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and the Tank and to minimize any adverse effect that the installation of the UPS by Tenant: (i) Generator and/or the Tank may have on the appearance of the Building and Property. Tenant shall obtain Landlord’s approval be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing of the contractor which shall undertake such installation; (ii) Generator and the Tank. Tenant shall obtain not install or operate the Generator or the Tank until Tenant has obtained and submitted to Landlord copies of all permits required governmental permits, licenses and governmental approvals required authorizations necessary for the installation and operation of the UPS; (iii) Tenant Generator and the contractor approved Tank, and Landlord shall cooperate with Tenant in all commercially reasonable respects in connection therewith. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator and the Tank.
2.02 Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank shall in no way damage any portion of the Building or Property. To the maximum extent permitted by Law, the Generator, the Tank and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. 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/or the Tank and, in accordance with the terms of Section 13 of the Lease, to indemnify, defend and hold Landlord and the Landlord Related Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by Law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator and the Tank, including, without limitation, any environmental and hazardous materials claims, but excluding any claims to the extent due to the negligence or willful misconduct of Landlord or the Landlord Related Parties. If for any reason, the installation or use of the Generator, the Tank and/or the appurtenances shall result in an increase in the amount of the premiums for the insurance coverage for the Building, then Tenant shall be liable for the full amount of any such increase.
2.03 Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator, the Tank and appurtenances, all of which shall remain the personal property of Tenant, are components of the Required Removables, and shall 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 appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the Commencement Date, without any obligation on the part of Landlord to undertake prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator and/or the Tank. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area (other than with respect to the repair of the existing Generator or the replacement of the existing Generator with a new Generator of no greater size) without Landlord’s prior written consent. 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 keep such installation shall obtain such insurance coverages as enclosure in good condition.
2.04 Tenant, upon prior notice to Landlord may reasonably require and, if requested and subject to the rules and regulations enacted by Landlord, cause Landlord shall have access to be named as an insured under such insurance policies; the Generator and (iv) the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and Tank.
2.05 Tenant shall submit only test the Generator before or after Building Service Hours and at a time mutually agreed to in writing by Landlord for approval and Tenant in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirementsadvance. Tenant shall ensure that be permitted to use the UPS does not interfere with Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator and the Tank and Generator Area are solely for the benefit of Tenant, any other equipment serving Permitted Transferees, and any third party assignee or subtenant of Tenant to whom Tenant has assigned the Building Lease or any portion thereof. At Tenant’s sole costsubleased the entire Premises (collectively, the UPS “Permitted Generator Users”). All electricity generated by the Generator may only be consumed by the Permitted Generator Users in the Premises.
2.06 Landlord shall be fully screened from view have no obligation to provide any services, including, without limitation, electric current, to the Generator Area.
2.07 Tenant shall have no right to sublet the Generator Area or to assign its interest hereunder, except to another Permitted Generator User.
2.08 Notwithstanding anything to the contrary contained herein, if at any time during the Term the Generator, the Tank and/or any appurtenances thereto or the operations thereof violate, or there exists a condition that solely with the passage of time will violate, any Law or Laws, then Tenant shall cease any further operation of the Generator and sound the Tank. Tenant shall have no further right to operate the Generator and the Tank unless and until Tenant shall have redesigned and modified the Generator and the Tank and/or any appurtenances thereto in a manner directed by Landlord in order to comply with all applicable Laws. However, such redesign and modification shall constitute the mere right of Tenant to operate the Generator and the Tank in compliance with all applicable Laws, which may include without limitation right shall in no event be construed to abrogate or diminish Landlord’s rights or Tenant’s obligations under the installation other provisions of an additional screening wall and sound baffling. Throughout this Section 2 or the Lease.
2.09 During the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including not be obligated to pay Landlord any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary Additional Rent or fee for the operation use of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalGenerator Area.
Appears in 1 contract
Generator. 56.1 Subject (a) Provided Tenant is occupying the Premises, Landlord hereby grants to Tenant a non-exclusive license to install, maintain, repair, replace and operate one (1) emergency back-up generator as more particularly set forth on Exhibit “A” attached hereto and incorporated by reference herein (together with any related wires, conduits and other equipment necessary or desirable for the proper operation of such generator, collectively the “Generator”) in a location designated on Exhibit “B” attached hereto and made a part hereof (the “Generator Area”) upon and subject to all of the terms and conditions set forth belowin this Section. All aspects of the Generator shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall not be obligated to pay any Additional Rent for the space occupied by the Generator.
(b) The Generator shall be used only by Tenant for Tenant’s own business purposes to provide a source of back-up power for equipment located in the Premises in the event Tenant’s primary electrical service is interrupted; Tenant shall not have the right to install use or allow any other person or entity to use the Generator for a fee or otherwise, except as otherwise expressly set forth in such location adjacent the Lease (as amended hereby). The rights under this Section are personal to the Building Tenant named herein and are not assignable, except as Landlord otherwise expressly set forth in the Lease (as amended hereby). The Generator installed shall be and remain the property of Tenant, and Tenant shall, prior to the expiration or termination of the Lease, as amended hereby, or of the license granted by this Section, remove the Generator and surrender the Generator Area in substantially the same condition existing prior to the installation of the Generator. Tenant shall reasonably be liable for, and mutually agreeshall promptly reimburse Landlord for, the actual reasonable cost of repairing all damage done to the Generator Area or to any other portion of the Center by the installation, operation, maintenance, use and/or removal of the Generator, including restoring the landscape to its previous condition. Tenant shall not store any fuel for the Generator on any portion of the Center without the prior written consent of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed provided Tenant complies with all applicable laws, codes, rules, regulations, and ordinances from any and all applicable governing authorities and complies with all applicable provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (“CERCLA”) and the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (“RCRA”).
(c) Tenant shall, at its sole cost and expense, obtain all governmental permits or licenses required for the installation, repair, maintenance, operation and removal of the Generator and shall provide Landlord with evidence thereof. Landlord agrees to reasonably cooperate with Tenant in obtaining all such permits and authorization, at no cost or expense to Landlord. Tenant’s installation, repair, maintenance, operation, use and removal of the Generator shall be subject to and performed in accordance with the terms and conditions of the Lease and all applicable Governmental Requirements (as defined below) in effect from time to time. Tenant shall, at its sole cost and expense, one back-up generator and related fuel storageat its sole risk, cabling install the Generator in a good and equipment (collectivelyworkmanlike manner, and in compliance with all applicable Governmental Requirements, including, but not limited to, all building, electric, communications, and safety codes, ordinances, standards, regulations and requirements of any governmental authority. Tenant shall conduct the installation, maintenance, operation, use and removal of the Generator in a “UPS”) good and workmanlike manner so as to provide uninterrupted power to certain equipment in not materially interfere with any other tenant or occupant of the Premises, provided that Building. The operation of the UPS (i) does Generator shall not adversely affect disturb or interfere with the safety systems of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or with any other system tenant or occupant of the Building or and/or the functioning thereof; (iii) does not interfere with Center. Attached hereto as Exhibit “A” are the operation plans and specifications for the Generator. Tenant shall deliver to Landlord Tenant’s plans and specifications for the aesthetic screening of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, Generator for review and (v) is otherwise approved approval by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned conditioned, or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior ) not less than fifteen (15) days prior to the commencing installation of the UPS by Tenant: (i) Tenant Generator. The Generator shall obtain Landlord’s approval of be installed substantially in accordance with the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits plans and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor specifications approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans and the installation shall be performed by contractors reasonably approved by Landlord. In no event shall the installation, maintenance, operation, use and/or removal of the Generator damage the Building or existing structure on the Building, or materially interfere with the maintenance of the Building and/or the Center, any system currently serving the Building, any equipment currently being operated from or within the Building or from any other building in the Center, or in any manner invalidate or otherwise adversely affect any existing warranties in place on the Building or on any improvements to the Building.
(d) Landlord shall not be liable to Tenant for any stoppages or shortages of power furnished to the Generator or to the Generator Area because of any act, omission or requirement of the public utility serving the Building, or the act or omission of any other tenant, licensee or contractor of the Building, or for any other cause beyond the reasonable control of Landlord, and Tenant shall not be entitled to any rental abatement for any such stoppage or shortage of power; provided, however, nothing contained in this paragraph shall be deemed to modify or limit any rental abatement rights Tenant may otherwise have pursuant to the Lease. Landlord shall have the right, but not the obligation, to enter the Generator Area at any time in the event of an emergency and at all reasonable times and upon reasonable notice for the installation purpose of: (i) inspecting same, (ii) making repairs to the Generator Area and performing any work therein, and/or (iii) exhibiting the Generator Area for the purpose of sale, lease, ground lease of financing. Tenant shall maintain and operate the UPSGenerator in strict compliance with Landlord’s reasonable rules and regulations, prepared by qualified engineersnow or hereafter promulgated, showing and all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental applicable Governmental Requirements. Tenant shall ensure that pay for all utility service (including, without limitation, electricity) required for Tenant’s use of the UPS does not interfere Generator in compliance with the terms of the Lease, as amended hereby.
(e) Landlord, at Landlord’s cost, may from time to time relocate the Generator and/or Generator Area, or any part thereof, to other areas in, at or around the Center. Upon relocation of the Generator and/or Generator Area, Tenant’s means of access and cabling will be relocated by Landlord as required to operate and maintain the Generator. Except as expressly provided in this subsection (e), in no event will the relocation of the Generator and/or Generator Area, or any part thereof, affect, alter, modify, or otherwise change any of the other terms and conditions of this Section 2.
(f) Tenant shall, at Tenant’s expense, be solely responsible throughout the Term for maintaining, servicing and repairing the Generator and for repairing any damage to the Building or any systems or equipment serving the Building caused by the Generator or by any portion thereof. At act, negligence or misconduct of Tenant, Tenant’s sole costemployees, agents or contractors, while installing, using, servicing, repairing, maintaining or removing the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation Generator. Subject to Section 4.3 of the installation of an additional screening wall and sound baffling. Throughout the TermLease, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, employees, other tenants, licensees and invitees harmless from and against any and all obligations, costs (A) ensure that including reasonable costs of litigation and attorneys’ fees), expenses, claims, damages and liabilities of any nature whatsoever arising out of or in connection with the UPS complies with all Applicable Lawsexistence, including any Environmental Requirements; (B) cause engineersinstallation, including environmental engineersconstruction, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and operation, repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation , maintenance and/or removal of the UPSGenerator, unless such loss, injury, or damage was caused by the negligence or willful misconduct of Landlord, its agents, employees, invitees, or contractors. Tenant Tenant’s license under this Section shall immediately report to Landlord if Tenant determines that automatically terminate upon the UPS is not functioning properly, is leaking expiration or is in violation of any Applicable Laws. At the end earlier termination of the TermLease. “Governmental Requirements” shall mean any and all applicable laws, if requested by Landlordcodes, Tenantrules, at Tenant’s sole cost regulations and expense, shall remove the UPS ordinances from any and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalapplicable governing authorities.
Appears in 1 contract
Sources: Lease Agreement (Medquist Inc)
Generator. 56.1 Subject Provided that Tenant is not in Default, throughout the Term of the Lease, including any Extension Term, Landlord shall provide Tenant with approximately 200-300 exclusive, restricted access rentable square feet in the Building in a location to be determined by Landlord to house an emergency back-up electrical generator to service the Premises ("Generator Space") and for no other use, at Landlord's expense during the Term or any extension thereof. Tenant's occupancy and use of the Generator Space shall be pursuant to all of the terms and conditions set forth below, of this Lease except that Tenant shall not be required to pay Base or Additional Rent for the Generator Space. Tenant's use of the Generator Space to house said generator is subject to review and approval of the generator and its specifications by Landlord and the City of Chicago. In addition, Landlord shall also have the right to install approve the location of the generator in such the Generator Space for purposes of floor loading and shall approve all ventilation locations and methods and the location adjacent of all fuel sources. :Landlord shall deliver the Generator Space to Tenant in "as-is" condition on the 9th floor Scheduled Commencement Date, and Tenant shall, at its sole cost and expense improve the Generator Space to provide for the lawful installation of the generator system and to meet Landlord's reasonable sound and vibration attenuation requirements. The parties understand that the Generator shall have a self contained fuel source. Tenant agrees that it will comply with all Laws governing, and all reasonable procedures established by Landlord for, the use, abatement, removal, storage, disposal or transport of any gasoline, fuel oil, propane or other fuels used to power the generator ("Fuels") and any substances, chemicals or materials declared to be, or regulated as, hazardous or toxic under any applicable Laws ("Hazardous Substances") and any required or permitted alteration, repair, maintenance, restoration, removal or other work in or about the Premises or Building as that involves or affects any Fuels or Hazardous Substances. Upon the expiration of the Lease or sooner termination hereof, Tenant shall remove the generator, transfer switch, fuel storage tank and their accompanying Improvements (excluding any electrical panels, electrical meters, sprinklers or vents) and shall repair and restore the Generator Space to its original condition, normal wear and tear excepted. Tenant will indemnify and hold Landlord harmless from and against any and all claims, costs and liabilities (including reasonable attorney's fees) arising out of or in connection with any breach by Tenant of its covenants under this Section 34. Tenant's obligations under this Section will survive the expiration or early termination of the Term. HAVING READ and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant shall reasonably and mutually agreehave signed it as of the Date. TENANT LANDLORD CDW COMPUTER CENTERS, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectivelyINC.. ▇▇▇▇▇▇ ASSOCIATES, a “UPS”) California limited partnership, d/b/a TRIZECHAHN ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ MANAGEMENT L.P. By: TrizecHahn Centers Inc., a California corporation, as sole general partner By: By: -------------------------------- -------------------------- Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇. Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ts: Chief Financial Officer Its: Executive Vice President By: -------------------------- Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Its: Senior Vice President SCHEDULE 1 LAND DESCRIPTION Two certain parcels of land in ▇▇▇▇ County, Illinois, bounded and described as follows:
Parcel 1: A part of Lot 2 in Railroad Companies Resubdivision of Blocks 62 to provide uninterrupted power 76 both inclusive, 78, parts of 61 and 77 and certain vacated streets and alleys in School Section Addition to certain equipment Chicago, a Subdivision of ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇ of the Third Principal Meridian, according to the plat of said Resubdivision recorded in the PremisesRecorder's Office of ▇▇▇▇ County, provided that Illinois on March 29, 1924 in Book 188 of Plats at Page 16 as Document Number 8339751, said parts of Lots 1 and 2 which is bounded and described as follows: Beginning at the UPS (i) does not adversely affect northeast corner of said Lot 1 and running thence southwardly along the safety easterly line of said Lot 1 a distance of 199.495 feet to an angle point in said easterly lot line; thence continuing southwardly along said easterly line a distance of 199.23 feet to its intersection with the north line of the Building or any warranty relating south 33 feet of said Lot 1; thence west along the north line of the south 33 feet of said Lot 1 and of the west 20 feet of said Lot 2; thence north along said east line of the west 20 feet of said Lot 2 a distance of 398.19 feet to its intersection with the north line of said Lot 2, and thence east along the north line of said Lot 2 and of said Lot 1 a distance of 239 feet to the Building or adversely affect in any material respect any structural component Point of Beginning, excepting from the Buildingparcel of land above described, the respective portions thereof lying vertically below the following horizontal planes:
(iiA) does not adversely affect any electricala horizontal plane 18.5 feet above Chicago City Datum, mechanical or any other system the perimeter of which is described as follows: Beginning at the Building or northwest corner of said parcel and running thence easterly along the functioning north line of said parcel to the intersection of said north line and a line (the "Limiting Plane Line") 168 feet east of and parallel to the west line of said parcel; thence southwardly long the Limiting Plane Line to the intersection of said line and the south line of said parcel; thence westerly along the south line of said parcel to the southwest corner thereof; (iii) does not interfere with thence northerly along the operation west line of the Building or the provision of services or utilities said parcel to the Buildingnorthwest corner of said parcel, which is the point of beginning of said horizontal plane; and
(ivB) complies with a horizontal plane 21.0 feet above Chicago City Datum over that portion of said parcel which is not vertically below the horizontal plane described in clause (A) above.
Parcel 2: All land and spaces below the horizontal planes described in Parcel 1 above which are occupied by the columns, caissons, foundations, gussets and all Applicable Lawsother supporting structures, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS building and the characteristics improvements constructed in Parcel 1 and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require andother improvements, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structuralplenums, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all pipes, wires, conduits, utilities and other structures located below said horizontal planes in accordance connection with all Applicable Lawssaid building and improvements, including without limitation all Environmental Requirementsincluding, but not limited to the space occupied by the improvements and structures shown on the Plat of Survey prepared and certified by Chicago Guarantee Survey Company dated July 8, 1966 (consisting of three sheets identified as Order Nos. Tenant shall ensure that 6311001 K and 6311001-S and 6311001 N. respectively), which was recorded as part of document 19881999.
Parcel 3: An easement appurtenant to Parcels 1 and 2 in, over and across the UPS does not interfere with any other equipment serving the Building west 20 feet of Lot 2 in said Railroad Companies' Resubdivision to construct, use, maintain, repair, replace or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord renew from time to time; time such columns, gussets trusses, horizontal structural members, caissons, foundations and other supports as may be reasonably necessary or appropriate to maintain and support the plaza and other improvements contemplated by the Lease, including, without limitation, the columns (Edesignated `DD') maintain all permits and governmental approvals necessary the caissons, foundations and related structures shown on the Plat of Survey referred to in Parcel 2 above. Parcel 4: A nonexclusive appurtenant easement in favor of the leasehold interest in Parcels 1 and 2 as created by Deed of Easement dated January 16, 1990 and recorded January 31, 1990 as Document 90047309 made by LaSalle National Bank, as Trustee under Trust Agreement dated November 17, 1983 and known as Trust Number 107292 to Gateway IV Joint Venture, an Illinois general partnership, LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107361, LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107362, and LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107363, for the operation use of 1,100 public parking spaces in the garage, as defined therein, with rights of ingress and egress and an easement for the purpose of construction of such repairs or restoration for the period required to complete such repairs or restoration, on over, and across the following described legal description: Lots 5, 6, 7, and 8 (except from said lots that part falling in alley) in Block 49 in School Section Addition to Chicago in Section 16, Township 39 North, Range 14 East of the UPSThird Principal Meridian, in ▇▇▇▇ County, Illinois. Tenant shall immediately report As amended by First Amendment to Landlord if Tenant determines that the UPS is not functioning properlyDeed of Easement dated February 9, is leaking or is in violation of any Applicable Laws1990, and recorded October 9, 1990, as Document Number 904914486. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.EXHIBIT A ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ DELINEATING THE PREMISES SUITE 800 EXHIBIT A ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ DELINEATING ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ EXHIBIT B ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ PLAZA BUILDING LEASEHOLD IMPROVEMENTS AGREEMENT
Appears in 1 contract
Generator. 56.1 (a) Subject to the terms and conditions hereinafter set forth belowforth, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreemaintain, at Tenant’s sole expenseoption, one back-up a portable or a permanent diesel powered electric generator and related fuel storage, cabling and equipment (collectively, a the “UPSGenerator”) to provide uninterrupted power to certain equipment in on the Premises, provided that the UPS (i) does not adversely affect the safety land outside of the Building or any warranty relating as shown at a location designated on the Base Building Plans for the purpose of providing auxiliary and/or emergency electric power to the Building or adversely affect in any material respect any structural component of the Building, Premises.
(ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (ivb) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the Generator (including connections and related equipment) which plans shall specify noise levels and the placement of a fence or other type barrier designed by Building architect to shield the Generator from view. Landlord shall not unreasonably withhold or delay its approval for said plans.
(c) Tenant shall comply with all ordinances, codes and regulations regarding the Generator (including the storage and handling of diesel fuel or other petroleum products) and shall obtain all permits therefor. Prior to commencing installation, Tenant shall provide Landlord with (i) copies of all required governmental and quasi-governmental permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all time during the operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Generator. Landlord may withhold approval if the installation or operation of the Generator may damage the structural integrity of the Building, interfere with any Building systems, violate any applicable laws or otherwise become a nuisance.
(d) All cost of installation, operation, maintenance and removal of the Generator shall be the obligation of Tenant, including the cost of repair for damage to any portion of the land or Building caused by such installation, operation, maintenance or removal. Tenant warrants and represents that (i) Tenant shall repair in a good and workmanlike manner any damage to the Property caused by the installation of the UPSGenerator, prepared by qualified engineers, showing all aesthetic, structural, mechanical (ii) the operation and electrical details maintenance of the UPSGenerator shall not cause interference with any mechanical or other systems either located at or servicing the Property, as well as all associated conduit and related equipment(iii) the installation, all existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. The installation of the Generator shall be made subject to and in accordance with all Applicable Laws, including without limitation all Environmental Requirementsof the provisions of the Lease. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation The contractors performing the installation of an additional screening wall and sound baffling. Throughout the TermGenerator and/or performing any work on the Property shall be approved or designated by Landlord prior to the commencement of any work, which approval shall not be unreasonably withheld or delayed.
(e) Upon the expiration of the Term of the Lease or the earlier termination of the Lease or in the event Tenant desires to remove the Generator, Tenant shall (A) ensure that promptly remove the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect Generator and repair the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation portion of the UPS. Tenant shall immediately report to Landlord land or Building which was altered or damaged, if Tenant determines that any, in connection with the UPS is not functioning properlyinstallation, is leaking operation, maintenance or is in violation of any Applicable Laws. At the end removal of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost Generator and expense, shall remove the UPS and restore otherwise leave the area in which it the Generator was located installed in good condition and repair. If Tenant does not remove the Generator in the time and manner required, Tenant, after prior written notice to its condition immediately prior Tenant to the installation remove said Generator and Tenant’s failure to do so within fifteen days of the UPS. date of Tenant’s receipt of such notice, hereby authorizes Landlord to take all reasonable measures to fulfill Tenant’s obligations hereunder and to charge Tenant for all costs and expenses incurred.
(f) Tenant shall obtain at Tenant’s expense indemnify and hold Landlord harmless from any and all permits damages, injury, loss, liability, costs or claims (including, without limitation, court costs and governmental approvals necessary for such removalreasonable attorneys’ fees) directly or indirectly resulting from the installation, operation, maintenance or removal of the Generator.
Appears in 1 contract
Sources: Lease Agreement (Bazaarvoice Inc)
Generator. 56.1 Subject 32.1 Landlord grants to Tenant a license during the terms and conditions set forth below, Tenant shall have Term (the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPSGenerator License”) to provide uninterrupted power to certain equipment install, operate, and maintain in the Premises, provided that area described on Exhibit J attached hereto (the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed“Generator Area”), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, a 100kw generator facility, including the associated technology, switchgear and enclosures related thereto (collectively, the “Generator”). All references to the Premises shall remove include the UPS Generator Area. The Generator License includes the right to connect to, access and restore use the area relevant electric utility facilities at the Building. The Generator License is subject to the following conditions:
(a) Installation of the Generator is subject to the prior written approval of Landlord, in its sole discretion, of the type, size and height of the Generator as well as the manner of OFFICE LEASE PAGE 42 Park Ten Plaza – RigNet, Inc. Table of Contents installation of the Generator (including the manner in which it was located to its condition immediately prior to any cables are run between the Generator and the Building). Tenant acknowledges that Landlord will disapprove the installation of any Generator (including the UPSinitial installation) if Landlord determines, in its sole discretion, that (i) the installation or operation of the Generator will adversely affect the operation of any of the Building systems or the operation of any other equipment elsewhere in the Building; or (ii) any item of the Generator, alone or when considered together with other existing units owned by others, would negatively impact the overall aesthetics of the Building. Without limiting the foregoing, Landlord may require Tenant to install decorative screening and fencing around the Generator.
(b) Tenant shall bear all costs to install, maintain, operate, replace and repair the Generator in compliance with all applicable laws and matters of record, which costs include, without limitation, (i) any structural modifications required to support the Generator, (ii) any screens or other improvements Landlord may reasonably require to protect the aesthetic quality of the Building, (iii) any fences that Landlord may require for safety reasons, (iv) any enclosures or other safety measures required by applicable law or matters of record, and (v) the cost of all utilities consumed in the operation of the Generator.
(c) Prior to commencement of installation, Tenant shall submit to Landlord and obtain Landlord’s approval of plans and specifications for the Generator, and any other information reasonably required by Landlord. Landlord’s approval of Tenant’s plans and specifications shall not be deemed a representation by Landlord that the plans and specifications comply with applicable laws and matters of record or industry standards, nor is Landlord’s approval a representation by Landlord of the adequacy of the mechanical design or proper operation of the Generator.
(d) Prior to commencement of installation, Tenant, at its sole cost and expense, shall obtain all necessary governmental and regulatory approvals for the installation and use of the Generator from each governmental agency having jurisdiction over the installation or use of the Generator. Tenant shall obtain at may not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all such necessary permits and approvals.
(e) Tenant’s expense use of the Generator shall comply with all permits applicable laws and governmental approvals matters of record, including laws related to Hazardous Materials.
(f) All utility lines must be routed, anchored, buried and/or attached in accordance with good industry practices. The Generator must be identified with permanently marked, weatherproof tags at the following locations: (i) prominently on the exterior frame of each piece of the Generator; (ii) at the transmission line Building entry point; and (iii) at the interior wall feed through or any other transmission line exit point.
(g) Tenant shall:
(i) promptly repair, to Landlord’s reasonable satisfaction, any damage to the Building or the adjacent area caused by the installation, use, or removal of the Generator;
(ii) keep and maintain the Generator in good condition and repair at all times;
(iii) operate the Generator only for Tenant’s use and benefit; OFFICE LEASE PAGE 43 Park Ten Plaza – RigNet, Inc. Table of Contents (iv) take all necessary for such removal.action (including installation of additional insulation) to prevent vibrations and sound disturbance in the Building resulting from the operation of the Generator; and
Appears in 1 contract
Sources: Office Lease (RigNet, Inc.)
Generator. 56.1 Subject For so long as Tenant has a right to possession of the terms and conditions set forth belowPremises, Tenant shall have use of the right to install in such location adjacent existing Generator on the Premises subject to the Building terms of this article. Landlord makes no representations or warranties of any kind, INCLUDING WARRANTIES OF FITNESS OF PURPOSE, as Landlord to the Generator and Tenant shall reasonably and mutually agreeaccepts same in “as-is” condition. Tenant, at Tenant’s its sole expense, one backshall comply with all applicable laws, ordinances, rules, regulations, and requirements (and obtain all permits) of all governmental and quasi-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment governmental authorities having jurisdiction in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building any manner affecting or any warranty relating to the Building (the “Codes”) and also with all requirements or adversely affect recommendations of Landlord’s insurer, lender, or both to the extent that compliance with these requirements arises out of Tenant’s repair, maintenance, or operation of the Generator (including, without limitation, installation of wiring, cabling, fuse boxes, transformers, and all other ancillary equipment). Landlord shall have no responsibility or liability for the conduct or safety of any of Tenant’s representatives, or repair, maintenance, and engineering personnel while in any material respect any structural component part of the BuildingBuilding Project; it being understood and agreed that Tenant shall be solely liable for any injury to or death of any such person from any cause other than the gross negligence or willful misconduct of Landlord. Tenant shall give Landlord prompt written notice of any accident to any equipment or apparatus belonging to Landlord. Landlord shall not be liable for any latent defect or change or modification in the Building Project or Generator site, (ii) does not adversely affect nor for any electricaldamage to property or persons caused by any overflow or leakage of water, mechanical steam, gas, electricity, or any other system substance from any other source whatsoever except for such damage caused by the gross negligence or willful misconduct of Landlord. Landlord shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the 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 functioning thereof; (iii) does not interfere with control of Landlord. Tenant shall promptly repair, at its sole expense, all damage to the area and to any other part of the Building Project caused by or resulting from the installation, maintenance, repair, operation of the Building or Generator. The Generator shall at all times remain the provision property of services or utilities to the Building; (iv) complies with all Applicable Laws, Landlord and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS removed by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.
Appears in 1 contract
Sources: Lease (Health Benefits Direct Corp)
Generator. 56.1 Subject to (i) compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (ii) Landlord's prior written consent as to the terms location and conditions design and installation plans and specifications therefor, which consent shall not be unreasonably withheld, delayed or conditioned, and (iii) Tenant's removal and restoration obligation set forth below, Tenant shall have the right to purchase and install one generator (including any necessary appurtenant equipment that is a part thereof, the "Generator") and one fuel storage tank for the Generator (the "Generator Fuel Tank") in the lower level of the parking garage of the Building at a spot to be more specifically identified by Landlord (the "Generator Area"). The precise location of the Generator shall be determined based on the size and specifications of the Generator submitted by Tenant to and approved by Landlord. Any parking spaces eliminated after the date hereof as a result of the installation of the Generator and Generator Fuel Tank shall be paid for by Tenant at the prevailing rate from time to time, and any such parking spaces so utilized by Tenant for installing and operating the Generator and Generator Fuel Tank shall reduce the number of parking spaces otherwise available to Tenant pursuant to the terms and provisions of Paragraph 1 of these Special Stipulations. Additionally, Landlord shall furnish a pathway for Tenant to run lines from the Premises to the Generator at a location chosen by Landlord as more fully set forth in Paragraph 7 hereof. Tenant's installation, use and operation of the Generator and the Generator Fuel Tank shall be exercised: (1) in such location adjacent manner as will not create any hazardous condition or interfere with or impair the operation of the heating, ventilation, air conditioning, plumbing, electrical, fire protection, life safety, public utilities or other systems or facilities in the Building; (2) in compliance with all applicable laws, codes and regulations and the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted relating to or affecting thereto; (3) in such a manner as will not directly or indirectly interfere with, delay, restrict or impose any expense, work or obligation upon Landlord in the use or operation of such Building; and (4) at Tenant's cost, including the cost of repairing all damage to the Building as Landlord and any personal injury and/or property damage attributable to the installation, inspection, adjustment, maintenance, removal or replacement of any equipment, apparatus or facilities pursuant to this Paragraph 6. In connection with Tenant's use of the Generator and the Generator Fuel Tank, and subject to the above-stated responsibilities of Tenant, Tenant shall reasonably have the right to operate the Generator at such intervals and mutually agreefor such periods of time as may be recommended by or required by the manufacturer of such generator for testing or maintenance purposes, or at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment such other intervals as Tenant deems necessary in the Premises, provided that the UPS its reasonable judgment for purposes of operating its business; provided
(i) does not adversely affect to the safety fullest extent possible, Tenant will provide notice to Landlord of the Building scheduled times for such regular testing and operation for maintenance purposes, (ii) Tenant will use all reasonable and diligent efforts to perform any testing or periodic operation for maintenance purposes outside of Normal Business Hours (it being acknowledged by Landlord that certain testing and operation for maintenance and other business purposes will necessarily take place during peak operational periods, which may include during Normal Business Hours), and (iii) such testing will be performed in a manner reasonably calculated to minimize any warranty relating inconvenience to the Building or adversely affect in any material respect any structural component other tenants and occupants of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans their respective employees and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirementsinvitees. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately will obtain prior to the installation of the UPSGenerator and Generator Fuel Tank, any and all necessary licenses, approvals and permits necessary for the installation, maintenance and use of the Generator, Generator Fuel Tank and any equipment installed in connection therewith. Tenant shall obtain at indemnify and hold Landlord harmless from and against any and all loss, cost (including reasonable attorney's fees incurred in defending Landlord), damage or liability arising out of any violations of any laws, statutes, ordinances, rules or regulations, or arising out of the use, operation and maintenance of the Generator and the Generator Fuel Tank, including, without limitation any damage Landlord may sustain as a result of the malfunction, leaking or any other condition of the Generator, Generator Fuel Tank or other related equipment described in this paragraph. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s expense all permits 's installation of the Generator and governmental approvals necessary for such removalrelated Generator Fuel Tank, then Tenant will pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused thereby, a sum equal to the difference between the original premium and the increased premium resulting therefrom. Upon the expiration or sooner termination of this Lease, Tenant shall remove the Generator and Generator Fuel Tank along with any ancillary equipment or structures and shall repair any damage to the Premises, the Building, or any other improvements to the Property caused thereby.
Appears in 1 contract
Sources: Lease Agreement (Interland Inc)
Generator. 56.1 Subject to Tenant may install and maintain in the terms Roof Area described in Paragraph 1(a) hereof a generator pad (the "Pad"), as necessary, and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one a back-up generator (the "Generator," and related fuel storagetogether with the Pad, cabling and equipment (collectively, a “UPS”the "Generator Components") for the use of Tenant and for the benefit of the Premises during the term of this Lease. In addition to provide uninterrupted power to certain equipment Tenant's satisfaction of the covenants described in Paragraph 1(a), the Premises, provided that the UPS following conditions shall apply:
(i) does not adversely affect Landlord shall have reasonably approved Tenant's plans for installation of the safety Generator Components; (ii) the Generator Components shall be installed at Tenant's sole cost and expense and any damage to the Roof Area or other portions of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake Premises resulting from such installation shall obtain such insurance coverages as Landlord may reasonably require andbe promptly repaired by Tenant, if requested by Landlord, cause Landlord to be named as an insured under such insurance policiesat Tenant's sole cost and expense; and (iv) Tenant shall submit all connections of systems in the Premises to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS Generator Components shall be fully screened from view accomplished at Tenant's sole cost and sound expense and in a manner directed by Landlord which may include without limitation reasonably acceptable to Landlord. Prior to the installation expiration or earlier termination of an additional screening wall and sound baffling. Throughout the Termthis Lease, Tenant shall (A) ensure that remove the UPS complies with all Applicable LawsGenerator Components, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable unless otherwise agreed to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested writing by Landlord, Tenantand repair any damage to the Roof Area, Building, or Premises resulting from such removal, all at Tenant’s 's sole cost and expenseexpense and in a manner reasonably satisfactory to Landlord. Without limiting the indemnity described in Paragraph 1(a) hereof, shall remove Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims made by any person or party and arising out of or in any way connected with the UPS and restore the area in which it was located to its condition immediately prior to the installation installation, maintenance, removal or failure of the UPSGenerator Components. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalTHIS LEASE is effective as of the date first hereinabove written.
Appears in 1 contract
Generator. 56.1 54.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such a location approved by Landlord adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreeBuilding, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Notwithstanding the foregoing, no UPS powered by any source other than a battery shall be permitted in the Premises (it being expressly understood that there shall be no fuel storage or any UPS powered by fuel permitted in the Premises). Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval (not to be unreasonably withheld, conditioned or delayed0 of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor reasonably approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental RequirementsLaws. Tenant shall ensure that the UPS does not materially interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner reasonably directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental RequirementsLaws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.
Appears in 1 contract
Generator. 56.1 Subject to the terms and conditions set forth below8.1 Tenant, Tenant shall have the right to install in such location adjacent to use the Building as Landlord existing generator serving the Expansion Space (the "Generator") and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related the existing above ground fuel storage, cabling and equipment tank (collectively, a the “UPSTank”) to provide uninterrupted power emergency additional electrical capacity to certain equipment the Expansion Space during the Term. The Generator and the Tank is in the Premiseslocation outlined on Exhibit C attached hereto and made a part hereof (the “Generator Area”). Tenant accepts the Generator in its as-is condition as of the Expansion Effective Date, provided 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 Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator and the Tank.
8.2 Tenant shall be responsible for assuring that the UPS (i) does not adversely affect maintenance, operation and removal of the safety Generator and the Tank shall in no way damage any portion of the Building or Project. To the maximum extent permitted by Laws, Landlord shall have no liability to Tenant if the Generator, the Tank or any warranty relating appurtenances installations are damaged for any reason. Subject to the provisions of Section 9.3 of the Lease, Tenant agrees to be responsible for any damage caused to the Building in connection with the maintenance, operation or adversely affect in any material respect any structural component removal of the BuildingGenerator 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 (ii) does not adversely affect any electricalif and to the extent permitted by Laws), mechanical which may be imposed upon, incurred by, or asserted against Landlord or any other system of the Building or the functioning thereof; (iii) does not interfere Landlord Parties in connection with the maintenance, operation or removal of the Building or Generator and the provision of services or utilities to the BuildingTank by Tenant, including, without limitation, any environmental and hazardous materials claims; (iv) complies with all Applicable Lawsprovided, and (v) is otherwise approved by that Landlord in writing (which approval shall not be unreasonablyreleased 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 responsible for the 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 shall 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 appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall 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 approval by Landlord of without limitation, any enclosure installed around the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS Generator and the characteristics Tank in good condition and type of fuel powering repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to keep such UPS. Prior enclosure in good condition.
8.4 Tenant, subject to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits rules and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested regulations enacted by Landlord, cause Landlord shall have access to be named as an insured under such insurance policies; the Generator and (iv) the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and the Tank.
8.5 Tenant shall submit be permitted to Landlord for approval in its reasonable discretion, plans use the Generator Area solely for the installation maintenance and operation of the UPSGenerator and the Tank, prepared and the Generator, Tank and Generator Area are solely for the benefit of Tenant. All electricity generated by qualified engineersthe Generator may only be consumed by Tenant in the Expansion Space. Landlord shall have no obligation to provide any services, showing all aestheticincluding, structuralwithout limitation, mechanical and electrical details of electric current, to the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental RequirementsGenerator Area. Tenant shall ensure that have no right to sublet the UPS does not interfere Generator Area or to assign its interest therein except in connection with any other equipment serving the Building an assignment or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation sublease of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalExpansion Space.
Appears in 1 contract
Sources: Lease Agreement (Exelixis, Inc.)