Generator. Tenant may install, operate, and maintain generators reasonably necessary for Tenant's business operations in the Premises for emergency back-up purposes (the "GENERATOR", which defined term shall also refer to all related equipment) at a location on the Building grounds acceptable to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant fails
Appears in 1 contract
Generator. Tenant may installSubject to compliance with all recorded covenants, operateconditions, and maintain generators reasonably necessary for restrictions, the provisions of all ground or underlying leases, now or hereafter affecting the Project and all applicable Laws and the provisions of this Section 2, Landlord shall permit Tenant to install and maintain, at Tenant's business operations in the Premises for emergency ’s sole cost and expense, a generator intended to supply back-up purposes electricity to the Premises (the "GENERATOR"“Generator”). The Generator shall be used by Tenant only during (i) testing and regular maintenance (and all testing shall occur outside of business hours and upon a minimum of 48 hours advance notice to Landlord’s property manager so as not to disrupt other tenants of the Project), or (ii) any period of electrical power outage in the Premises. Tenant shall submit the specifications for design, operation, installation and maintenance of the Generator (and in no event shall the specifications include any below ground fuel storage tanks) for Landlord’s consent, which defined term consent shall also refer to all related equipment) at a location not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the Building grounds acceptable to advice of Landlord’s structural and mechanical engineers, provided so that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS")Building’s systems are not adversely affected, and Tenant receives shall reimburse Landlord for all approvalsout-of-pocket costs incurred by Landlord in connection with Landlord’s review and consent to such specifications. In addition, consentsTenant shall ensure that the Generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not unreasonably interfere with the use of the Project or Building by other tenants. In the event another tenant of the Project or of a neighboring project complains in writing of problems caused by the Generator (including noise and/or exhaust complaints), Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the Generator if another solution is not available. Tenant shall ensure that the design and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator is performed in a manner so as to minimize or eliminate any noise or vibration caused by the Generator, Tenant shall deliver to Landlord final plans . Any repairs and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail maintenance of the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to the Generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant’s sole cost and expense, remove the Generator upon the expiration or earlier termination of the Lease and repair all damage to the Project resulting from such removal. For purposes of the Lease, the Generator and the Generator Area shall be deemed part of the Premises, except for the casualty and condemnation provisions of this Lease and for determining Base Rent and Tenant’s Cost Allocation. Tenant shall be responsible for and shall pay all costs of the Generator, including without limitation any costs arising from any Claims by and third party in connection with Tenant’s use of the Generator and the Generator Area. In connection with Tenant’s use of the Generator, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain (i) boiler and machinery insurance coverage, written on a cause of loss – special form (“all risks”) basis, for 100% of the replacement cost value new, without deduction for depreciation, of the Generator and in amounts that meet any co-insurance clauses of the policies of insurance, and (b) pollution legal liability insurance with a limit of not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate, and Tenant acknowledges and agrees that the provisions of this Lease pertaining to insurance and the waiver of subrogation shall apply with respect to such insurance. Tenant’s choice of contractor(s) and subcontractor(s) associated with the Generator shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Generator shall be installed and screened and/or constructed in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of accordance with the plans and specifications therefor approved by Landlord and shall be performed and completed in compliance with all Laws, free of liens and without any claims for unpaid bills for material, labor or supplies. Landlord’s review of any plans and specifications as set forth in this Section shall be for its sole purpose and shall not imply Landlord’s review of the size same, or obligate Landlord to review the same, for quality, design, compliance with Law or other like matters (accordingly, notwithstanding that any plans and location thereofspecifications are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance that may be rendered to Tenant may install by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in such plans and specifications). Tenant shall carry “Builder’s All Risk” insurance in a commercially reasonable amount covering the installation and/or construction of the Generator, it being understood and agreed that the Generator provided shall be insured by Tenant immediately upon completion thereof. Tenant’s contractor(s) and subcontractor(s) shall be licensed and carry worker’s compensation insurance covering all of their respective employees, and shall also carry commercial general liability insurance, including property damage, all with commercially reasonable limits in form and with companies as are reasonably approved by Landlord. Tenant’s contractor(s) and subcontractor(s) shall submit to Landlord a Certificate of Insurance naming Landlord, Landlord’s property management company and any other parties designated by Landlord as additional insureds. Tenant shall furnish to Landlord executed permits, evidence reasonably satisfactory to Landlord of final inspections of the Generator of all governmental agencies having jurisdiction over the Premises, and such invoices, certifications, affidavits, lien releases, and other documentation as Landlord may reasonably request, to be assured, to Landlord’s reasonable satisfaction, that such work is performed the Generator has been installed and/or constructed in a good compliance with Laws and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor approved by Landlord and have been paid for by Tenant. Tenant hereby acknowledges that Tenant may be performing the installation and/or construction of the Generator work during the Term, and Tenant shall not be entitled to any abatement or reduction of Rent in a manner so as not connection with such work, nor shall any such work be deemed an eviction, actual or constructive, of Tenant. In the event Tenant elects to damage construct or install the Building; thereafterGenerator, Tenant shall useprosecute such construction or installation continuously and diligently to completion as soon as reasonably possible. The rights granted under this Section are personal to the Named Tenant and shall not be applicable to any other Tenant, maintainassignee, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, subtenant or removal of the Generator and, upon its removal, restore the portion of the Building other transferee or grounds where it was located to its condition immediately before the installation thereof. If Tenant failssuccessor.
Appears in 1 contract
Generator. Tenant may installmay, operateat its sole expense (which shall include any upgrades required to the Building), with the prior approval of Landlord, which approval shall not be unreasonably withheld, install an exterior,10 KW, generator, on the Building’s roof, as well as and maintain generators reasonably any related equipment, including necessary connections and wires (collectively the “Equipment”), for Tenant's business operations in the Premises for emergency supplying back-up purposes (power to the "GENERATOR"laboratory equipment in the Office Premises, which defined term shall also refer to all related equipment) at a location on determined by Landlord. Landlord’s approval of such Equipment is conditional upon the following:
a. the Tenant shall provide the Landlord with all the specifications of the Equipment for the Landlord’s review and approval for a structural review by the Landlord’s engineer. This engineering review shall be at the Tenant’s sole cost;
b. Tenant shall also be responsible for all costs related to the operation, maintenance and repair of the Equipment;
c. the Equipment shall be for the exclusive use of the Tenant and shall not be used and or connected to by any other tenant or occupant of the Building grounds acceptable to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect nor shall it be used for the area generation or sale of electricity;
d. that all necessary work in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning respect of the installation of the GeneratorEquipment shall be performed by Tenant at its expense. Prior to the commencement of any work, Tenant shall, at its sole expense, secure all necessary consents, permits and authorizations and deliver to Landlord a copy thereof immediately upon demand. Landlord does not warrant that any such consents, authorizations or permits will be obtained by Tenant;
e. In the event that any competent authority having jurisdiction notifies Landlord or Tenant that the installation and operation of the Equipment is not in accordance with any applicable laws, by laws, regulations and ordinances, Tenant shall deliver proceed diligently in order to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail rectify the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike mannersituation, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafterdefault of which, Tenant shall use, maintain, remove the Equipment in the shortest possible delay;
f. that any damage whatsoever arising from the Equipment shall be Tenant’s sole responsibility and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair hold harmless and indemnify Landlord from and against any damage or loss, howsoever termed or qualified, which Landlord may suffer pursuant to any claim, action or other form of legal proceedings and take up its defence against all damage caused by claims, actions or other form of legal proceedings;
g. that, should Landlord require the installation, use, maintenance, operation, removal or removal relocation of the Generator andEquipment in order to proceed with improvements to the Building, upon its removalTenant shall, restore at Tenant’s expense, remove or relocate such Equipment to a location designated by Landlord; [*****] Confidential Information has been omitted and filed separately with the portion of the Building or grounds where it was located Securities and Exchange Commission. Confidential treatment has been requested with respect to its condition immediately before the installation thereof. If Tenant failsthis omitted information.
Appears in 1 contract
Sources: Office Lease (Fluidigm Corp)
Generator. (a) Subject to the terms and conditions hereinafter set forth, Tenant shall have the right to install and maintain, at Tenant’s option, a portable or a permanent diesel powered electric generator and related equipment (the “Generator”) on the land outside of the Building at a location identified on Exhibit F attached hereto. The pad site specifications and Generator specifications are attached hereto as Exhibit F. Tenant may install, operate, use the existing conduits for the Generator. Landlord shall construct the Generator pad and maintain generators reasonably necessary tilt panel screening (“Landlord’s Generator Improvements”) at its sole cost and expense within a reasonable amount of time after Landlord’s execution and delivery of this Lease.
(b) Tenant shall submit to Landlord for Tenant's business operations in approval plans for the Premises for emergency back-up purposes Generator (the "GENERATOR", which defined term shall also refer to all including connections and related equipment) which plans shall specify noise levels. 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 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. 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, or violate any applicable laws. No installation of the Generator will be permitted if Tenant has not provided Landlord with a location on certificate of insurance evidencing that Tenant has obtained and is maintaining the liability insurance Tenant is obligated by this Lease to obtain and maintain during the Lease Term.
(d) All cost of installation, operation, maintenance and removal of the Generator (excluding, however, Landlord’s Generator Improvements) shall be the obligation of Tenant, including the cost of repair for damage to any portion of the land or Building grounds acceptable caused by such installation, operation, maintenance or removal. Tenant shall repair in a good and workmanlike manner any damage to Landlord, provided that the Property caused by the installation of the Generator. Tenant shall cause the operation and maintenance of the Generator to not cause interference with any mechanical or other systems either located at or servicing the Building. Tenant will cause the installation, maintenanceexistence, use, maintenance and operation thereof complies of the Generator to comply with all Laws applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and architectural guidelines municipal authorities having jurisdiction thereover. The provisions of this Lease applicable to the construction/installation of improvements within the Premises will also be applicable to the installation of the Generator. The contractors performing the installation of the Generator and/or performing any work on the Property related thereto shall be approved by Landlord prior to the commencement of any work, which approval shall not be unreasonably withheld or delayed.
(e) Upon the expiration or any earlier termination of this Lease or in effect for the event Tenant desires to remove the Generator, Tenant shall promptly remove the Generator and repair the portion of the land or Building which was altered or damaged, if any, in connection with the installation, operation, maintenance or removal of the Generator (excluding, however, Landlord’s Generator Improvements) and otherwise leave the area in which the Building is located as they may be amended from time to time (Generator was installed in the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under condition existing on the Legal Requirements before the date of installation, maintenancereasonable wear and tear and damage due to fire or other catastrophic event excepted. If Tenant does not remove the Generator in the time and manner required, useTenant, after prior written notice to Tenant to remove said Generator and operation thereof. Before beginning the installation Tenant’s failure to do so within fifteen days of the Generatordate 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 deliver to indemnify and hold Landlord final plans harmless from any and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the designall damages, locationinjury, sizeloss, and method of installation liability, costs or claims (including, without limitation, separation walls court costs and ventilation systemreasonable attorneys’ fees) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation directly or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by indirectly resulting from the installation, use, maintenance, operation, maintenance or removal of the Generator andother than any removal by or on behalf of Landlord and excluding, upon its removalin any event, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsLandlord’s Generator Improvements.
Appears in 1 contract
Generator. Tenant Lessor acknowledges that Lessee, at its sole cost and expense, may installinstall an emergency generator outside of the Building or on the roof of the Building, operatethe exact location of which to be subject to Lessor’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee, at its sole cost, shall be responsible for obtaining any governmental approvals necessary with respect to the installation and operation of the generator. Lessor shall have no obligation to perform any maintenance or repairs with respect to the generator, the cost of which shall be borne solely by Lessee. If the generator shall be located on the roof of the Building, the generator shall be properly screened to Lessor’s reasonable satisfaction. Lessor make no representation of the suitability of the roof of the Building for the installation thereof. If Lessor’s structural engineer deems it advisable that there be structural reinforcement of the roof in connection with the installation of the generator, Lessor shall perform same at Lessee’s cost and expense and Lessee shall not perform any such installation prior to the completion of any such structural reinforcement. Lessee, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the generator. Lessee shall be responsible for all costs and expense for repairs of the roof which result from Lessee’s use of the roof for the construction, installation, maintenance, repair, operation and use of the generator. All installations made by Lessee on the rooftop or in any other part of the Building pursuant to the provisions of this Article 56 shall be at the sole risk of Lessee, and maintain generators reasonably necessary neither Lessor, nor any agent or employee of Lessor, shall be responsible or liable for Tenant's business operations in any injury or damage to, or arising out of, the Premises for emergency back-up purposes (the "GENERATOR", which defined term generator. Lessee’s indemnity under Article 33 shall also refer apply with respect to all related equipment) at a location on the Building grounds acceptable to Landlord, provided that the installation, maintenance, useoperations, and operation thereof complies with all Laws and architectural guidelines in effect for presence or removal of the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereofgenerator by Lessee. Before beginning If the installation of the Generatorgenerator on the rooftop or act or omission relating thereto should revoke, Tenant negate or in any material manner impair or limit any roof warranty or guaranty obtained by Lessor, then Lessee shall deliver reimburse Lessor for any loss or damage sustained incurred by Lessor as a result of such impairment or limitation. EACH PARTY AGREES that it will not raise or assert as a defense to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail any obligation under the designLease or make any claim that the Lease is invalid or unenforceable due to any failure of this document to comply with ministerial requirements including, locationbut not limited to, sizerequirements for corporate seals, attestations, witnesses, notarizations, or other similar requirements, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory each party hereby waives the right to Landlord that all Legal Requirements have been satisfied. Landlord's approval of assert any such plans and specifications shall not constitute a representation defense or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility make any claim of Tenant. The Generator shall be installed and screened in a manner acceptable invalidity or unenforceability due to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval any of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsforegoing.
Appears in 1 contract
Generator. (a) Subject to the terms of this Section 14.25, Tenant shall have a non-exclusive right to install diesel fuel powered emergency power generators, a diesel fuel tank, its enclosures, connectors to electrical service and conduit to the Premises (the “Generators”) and associated uninterrupted power supply switching facilities, its enclosures, connectors to electrical service and conduit to the Premises (the “UPS”) in the Garage in the location generally depicted on Exhibit H or in other locations reasonably acceptable to Landlord and Tenant. Prior to installation, Landlord must approve, which approval shall not be unreasonably withheld, conditioned or delayed: (1) the actual Generators and the UPS, (2) drawings submitted by Tenant showing the Generators and UPS to be installed, method of installation and such other information concerning the installation, use and maintenance of the Generators and the UPS which Landlord may request, and (3) the contractor selected by Tenant to install the Generators and the UPS, and the non-financial terms of the contract between Tenant and its contractor that may affect the Project. The Generators and the UPS shall be painted in a color approved by Landlord to match the adjacent improvements. Tenant shall be solely responsible for obtaining (with Landlord’s approval) all permits and approvals required by any governmental entities to install, operate, maintain, or decommission the Generators and the UPS. Tenant shall repair and maintain generators reasonably necessary for the Generators and the UPS at Tenant's business operations in the Premises for emergency back-up purposes (the "GENERATOR", which defined term shall also refer to all related equipment) at a location on the Building grounds acceptable to ’s sole cost and expense using contractors approved by Landlord, provided that and Tenant shall comply with all the installationlaws, rules, regulations, ordinances and standards of all governmental authorities having jurisdiction over the Project to the extent such laws, rules, regulations, ordinances and standards concern the Generators and/or the UPS. Tenant shall be responsible for all additional costs of any kind whatsoever incurred by Landlord attributable to the use, presence, operation, maintenance, useor decommissioning of the Generators or the UPS as an Extra Service. Tenant shall pay for all utilities used or consumed in connection with the Generators or the UPS. Tenant shall pay all personal property taxes, if any, separately assessed with respect to the Generators or the UPS; and operation thereof complies with all Laws if and architectural guidelines in effect to the extent the Generators or the UPS are assessed for the area in which tax purposes as part of the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generatoror Landlord’s personal property, Tenant shall deliver reimburse Landlord for all taxes attributable to Landlord final plans the Generators or UPS on the earlier of (i) thirty (30) days after Landlord’s written demand for such taxes, or (ii) the date such taxes are due. The Generators and specifications therefor prepared by an engineer the UPS shall be used only for periodic testing and in the event Tenant’s primary electrical service is interrupted. All testing shall take place at times reasonably approved selected by Landlord to minimize interference with other tenants. The Generators and setting forth in detail the design, location, sizeUPS shall be used for backup power for Tenant, and method of installation (including, may not be used as a primary power source or by any other person or entity without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance ’s consent which shall be in Landlord’s complete and sole discretion.
(b) Installation, maintenance and use of the sole responsibility of Tenant. The Generator Generators and the UPS shall be installed designed and screened operated in such a way as to prevent or minimize in a manner acceptable to Landlord, all affected parties any interference with the Base Building systems of the Buildings or the Project or the quiet enjoyment by any other tenant or occupant of the Buildings or Project. The Generators and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight UPS shall at all times during the term of this Lease remain the property of Tenant but Landlord shall be subject permitted to connect other premises in all respects the Project to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in such a goodmanner that the other premises are provided comparable service to that provided to the Premises. If Landlord so elects to have other premises connected to the Generators, cleanLandlord (or the occupant of the other premises connected to the Generators) shall pay all costs of connecting to the Generators. Landlord (or the occupant of the other premises connected to the Generators) shall reimburse Tenant for a proportionate share of the out of pocket costs incurred by Tenant to repair, maintain and operate the Generators (including a proportionate share of the charges to Tenant pursuant to subparagraph (c) below, and safe any increases in insurance premiums resulting from additional parties being connected to the Generators). Prior to connecting to the Generators, the occupant of the premises to be connected shall be required to enter into an agreement with terms and conditions reasonably acceptable to Tenant and such party (1) confirming that it is connecting to the Generators at its sole risk, (2) releasing Tenant from any liabilities which might arise from or out of any malfunction of the Generators, and (3) confirming the basis for determining the parties respective proportionate share of the costs to be shared pursuant to this subparagraph (b). Tenant, at Landlord’s option and upon notice from Landlord, shall within twenty (20) days following expiration or earlier termination of this Lease, (i) remove the Generators and the UPS from the Project; (ii) restore the Buildings and Project to the condition existing prior to the installation of the Generator and UPS and (iii) repair any damage caused by such removal so that the Buildings and the Project are restored to the condition depicted on the Building Plans as it existed prior to the installation of the Generators and the UPS. During such period of removal, restoration and repair, Tenant shall coordinate with Landlord to minimize disruption or interference with the operations of the Project and Tenant shall continue to pay Rent as provided in Section 14.25(c) below. If Tenant fails to so remove the Generators and the UPS and restore such Buildings or the Project, Landlord may do so on Tenant’s behalf as an Extra Service and Tenant shall reimburse Landlord for such within ten (10) days after receipt of a written request for payment or Landlord may deduct such costs from Tenant’s Security Deposit. Landlord agrees to permit Tenant reasonable access to the common areas of the Buildings or the Project to facilitate the use of the Generators and the UPS and the removal of the Generators and UPS. The Generators and the UPS shall be installed and used at Tenant’s sole risk, and in accordance no event shall Landlord be liable under any circumstances for any damage to the Generators, the UPS or the loss of use related to the Generators or the UPS.
(c) Tenant shall be solely responsible for complying with all Legal Requirementslaws, rules and regulations with respect to the Generators and the UPS and, prior to commencement of installation, Tenant shall obtain all necessary governmental permits therefor. Tenant shall repair all obtain insurance (naming Landlord as an additional insured) insuring against any loss or damage caused arising out of or relating to any contamination or release of any fuel from the Generator and shall not be permitted to install the fuel tank until Tenant has provided a certificate of such policy to Landlord. Tenant shall be permitted to install, maintain, remove and replace conduit, cables or lines and ducts within the Building outside the Premises to connect the Generators to the Premises and to exhaust fumes at locations designated by Landlord. Tenant acknowledges that Landlord will be prevented from selling parking permits for the space occupied by the installationGenerators and UPS and Tenant shall pay Landlord, useas Rent for the three (3) parkings spaces occupied by the Generators and UPS, maintenance, operation, or removal a sum equal to the rate charged by Landlord for reserved parking spaces in the Garage which shall initially be equal to two hundred percent (200%) of the Generator andfee for a non-reserved Parking Pass charged by Landlord from time to time. If the Generators or UPS fail to work properly or to provide power to the Premises, upon Landlord shall have no obligation or liability whatsoever with respect to such failure. Tenant acknowledges and agrees that Landlord has not represented or warranted that Tenant will have unlimited access to riser space or other space outside the Premises for the purpose of the Generators and UPS, and Landlord shall have no obligation to construct or designate additional riser space or other space outside the Premises to accommodate the Generators and UPS beyond what is currently in place. Tenant acknowledges that riser space is a finite commodity and that Landlord may in its removal, restore the portion discretion limit Tenant’s total use of such space to accommodate and take into account use of the Building or grounds where it was located to its condition immediately before systems and the installation thereof. If Tenant failsneeds of other Project tenants.
Appears in 1 contract
Generator. Tenant may install, operate, and maintain two generators (provided any above-ground fuel tank associated therewith, together with each generator, is a single, self-contained, double-wall fuel tank unit and provided each generator is equipped with a critical silence muffler) reasonably necessary for Tenant's business operations in the Premises for emergency back-up purposes (the each a "GENERATOR", which defined term shall also refer to any associated above-ground fuel tank and all related equipment) at a location on the Building grounds acceptable to LandlordLandlord and Ground Lessor, provided that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. To the extent that any permits or registrations are required for the installation or operation of the Generator, they shall be obtained in Tenant's name. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an a registered professional engineer in the State of Texas reasonably approved by Landlord and Ground Lessor and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approvalapproval by Landlord and Ground Lessor, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed by Tenant and screened by Landlord in a manner acceptable to LandlordLandlord and Ground Lessor, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed withheld or conditioneddelayed. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the BuildingBuilding or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsfails to do so within 30 days after Landlord's request, Landlord may perform such work and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within 30 days after Landlord's written request therefor or Landlord may deem the Generator abandoned by Tenant and use such Generator without compensation to Tenant. Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of fluid from the Generator. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no odors emanate therefrom. The Generator shall be installed, used, maintained, operated, and removed at Tenant's risk and expense and Tenant shall maintain insurance in respect thereof reasonably satisfactory to Landlord, listing Landlord as an additional insured. It is the intention of the parties that Tenant bear all risks relating to the installation, use, maintenance, operation, and removal of the Generator.
Appears in 1 contract
Sources: Lease Agreement (Aviall Inc)
Generator. Tenant may shall have the right to install, operate, and maintain generators reasonably necessary for Tenant's business operations in the Premises for emergency back-up purposes (the "GENERATOR", which defined term shall also refer to all related equipment) at a location on the Building grounds acceptable Property to be determined by Landlord in its sole and absolute discretion, an electrical generator/tank unit (the "Generator") to provide electrical power to the Premises during power outages, subject to the terms and conditions of this Lease and the following specific conditions:
(a) Tenant shall bear all costs and expenses associated with the installation of the Generator, and Tenant shall be responsible for, and shall bear all costs and expenses associated with, the operation and maintenance thereof. Tenant understands and acknowledges that Landlord shall not be responsible for the operation and maintenance of the Generator.
(b) The plans and specifications for the Generator, including the manner of its connection to the Building's electrical system, and the nature and location of conduit, shall be subject to the prior written approval of Landlord, provided that which may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall install the Generator in a good and safe manner in accordance with the terms and conditions of this Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such facilities. A representative of Landlord shall be present at the installation of the Generator in order to approve the methods of installation and performance thereof.
(c) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of the Generator from state, federal and other governmental authorities. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building.
(d) Tenant shall be responsible for the cost of repairs required to the Building arising out of the construction, installation, operation, maintenance, userepair, replacement or removal of the Generator. In furtherance thereof, Tenant agrees to indemnify, defend and operation thereof complies with hold Landlord harmless from an against any and all Laws and architectural guidelines such costs or expenses (including reasonable attorneys fees) incurred by landlord as a result of the acts, omissions or negligence of Tenant in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS")construction, and Tenant receives all approvalsinstallation, consents, and permits required under the Legal Requirements before the installationoperation, maintenance, userepair, replacement or removal of the Generator and related equipment, including all cable, wires, conduit, and operation thereoftransformers related thereto.
(e) Landlord shall have no responsibility to insure or maintain the Generator, and Tenant, at its sole cost and expense, shall be responsible for maintaining such insurance coverage with regard thereto as may be reasonably required by Landlord, including Pollution Liability coverage with limits of $1,000,000 each incident to include cleanup and cost of defense. Before beginning Both Tenant and Landlord should be reflected as named insureds. Tenant shall be solely responsible for any damage or destruction to the Generator, regardless of the cause.
(f) Tenant acknowledges that, as part of the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects required to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install a concrete pad on which the Generator provided that such work is performed in a good and workmanlike manner, will be located in accordance with all Legal Requirements the specifications of the manufacturer of the Generator, or a structural engineer approved by Landlord, a spill containment field, and fencing or screening in order to obstruct the plans view of the Generator, the specifications for which are subject to approval by Landlord in its sole and specifications therefor and in a manner so as not to damage the Building; thereafter, absolute discretion.
(g) Tenant shall use, maintain, and operate pay all taxes of any kind or nature whatsoever levied upon the Generator in a goodfacilities and all licensing fees, cleanfranchise fees and other taxes, expenses and safe condition other costs of any nature whatsoever relating to the construction, ownership, maintenance and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal operation of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsGenerator.
Appears in 1 contract
Generator. So long as this Lease is in full force and effect, Tenant may shall have the right, at its sole cost and expense, to erect, install and maintain a generator serving the Premises, along with (a) conduit within the parking structure for the Building and conduit from such parking structure to the Building from such generator, which conduit will be in a location mutually acceptable to Landlord and Tenant and (b) Building roof access rights as provided below (the “Generator”), subject to the following terms and conditions:
(a) The type, location, size and shape of the Generator shall be approved by Landlord, which approval shall not be unreasonably delayed, conditioned or withheld, prior to Tenant’s installation of the Generator; provided, Landlord approves the location shown on Exhibit K. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Generator and the surrounding screening for review and approval by Landlord’s engineer not less than thirty (30) days prior to commencing installation of the Generator. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision; provided, this sentence shall not apply to the extent that the planning and installation of Generator is approved by Landlord and performed by Tenant as a part of the Tenant Improvements.
(b) Tenant shall install the Generator in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Generator from public view. In the event that the Generator is located in the parking facilities servicing the Building, any parking space(s) taken by the Generator shall be counted towards the total number of parking spaces allocated to Tenant under this Lease. Tenant shall operate the Generator in compliance with all applicable Laws, including all building and zoning requirements. Tenant shall have the right to reasonable space on the roof of the Building for purposes of installing and maintaining additional HVAC equipment in connection with its Generator, including access to any ductwork from the Building’s roof to the Premises, subject to Landlord’s reasonable approval over location, plans and specifications, and method of installation. Tenant shall also have the right, at Tenant’s sole cost and expense, to extend natural gas lines to the Building in connection with the use of its Generator, subject to Landlord’s reasonable approval with respect to location and plans and specifications.
(c) Tenant shall be responsible for all costs and expenses associated with the Generator and Tenant shall promptly repair any damage to the Building resulting from the installation, construction, repair, maintenance or removal of the Generator. In the event that Tenant fails to properly install, operateconstruct, and repair, maintain generators reasonably necessary for Tenant's business operations in or remove the Premises for emergency back-up purposes (the "GENERATOR", which defined term shall also refer Generator or any damage to all related equipment) at a location on the Building grounds acceptable resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon thirty (30) days prior written notice from Landlord, provided that reimburse Landlord for all costs and expenses incurred by Landlord to perform such work.
(d) Tenant hereby agrees to indemnify and hold Landlord, its agents, employees, contractors and representatives, harmless from and against any and all cost, claims, damages (including, but not limited to, any damage to the Building or Landlord’s property), causes of action and liability which may arise by reason of any occurrence attributable to or arising out of Tenant’s installation, maintenance, userepair, operation or removal of the Generator, including without limitation, any claim or cause of action for injury to or death of any person or damage to any property arising therefrom and Tenant agrees to defend any claim or demand against Landlord, its agents or employees arising out of any such occurrence. Tenant shall, upon thirty (30) days prior written notice from Landlord, reimburse Landlord for all costs and expenses incurred by Landlord as a result of Tenant’s operation thereof complies with all Laws of the Generator, including damages to the Building.
(e) Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s expense, promptly remove the Generator and architectural guidelines in effect for the area in which restore any portion of the Building is located as they may be amended from time affected by the Generator to time (substantially the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning same condition existing prior to the installation of the Generator, Tenant shall deliver to Landlord final plans normal wear and specifications therefor prepared by an engineer reasonably approved by Landlord tear and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to casualty damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsexcepted.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Generator. Tenant Landlord acknowledges that Tenant, at its sole cost and expense, may installinstall an emergency generator outside of the Building, operate, the exact size and maintain generators reasonably necessary for Tenant's business operations in the Premises for emergency back-up purposes (the "GENERATOR"location of which to be subject to Landlord’s prior approval, which defined term approval shall also refer not be unreasonably withheld, conditioned or delayed. Tenant, at its sole cost, shall be responsible for obtaining any governmental approvals necessary with respect to the installation and operation of the generator. Landlord shall have no obligation to perform any maintenance or repairs with respect to the generator, the cost of which shall be borne solely by Tenant. The generator shall be properly screened to Landlord’s reasonable satisfaction. Tenant, at its sole cost and expense, shall promptly repair any and all related equipment) at a location on damage to the rooftop or to any other part of the Building grounds acceptable caused by the installation, maintenance and repair, operation or removal of the generator. Tenant’s indemnity under Article 23 shall apply with respect to Landlord, provided that the installation, maintenance, useoperations, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, presence or removal of the Generator andgenerator by Tenant. At the end of the Term, upon its removalat Landlord’s option, Tenant shall remove the generator and restore the portion affected areas to the condition existing prior to installation. Notwithstanding anything contained herein to the contrary, Landlord makes no representation as to the availability of space at the Building or grounds where the Real Property for installation of a generator by Tenant. EACH PARTY AGREES that it was located will not raise or assert as a defense to any obligation under this Lease, or make any claim that this Lease is invalid or unenforceable, due to any failure of this document to comply with ministerial requirements, including requirements for corporate seals, attestations, witnesses, notarizations or other similar requirements, and each party hereby waives the right to assert any such defense or make any claim of invalidity or unenforceability due to any of the foregoing. This Lease may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this Lease, will constitute a complete and fully executed original. All such fully executed counterparts will collectively constitute a single Lease agreement. Tenant expressly agrees that if the signature of Landlord and/or Tenant on this Lease is not an original, but is a digital, mechanical or electronic reproduction (such as, but not limited to, a photocopy, fax, e-mail, PDF, Adobe image, JPEG, telegram, telex or telecopy), then such digital, mechanical or electronic reproduction shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by its condition immediately before signatory. THE PARTIES to this Lease have executed and delivered this Lease as of the installation thereofdate set forth above. If Tenant failsLANDLORD: TENANT: By: M▇▇▇-▇▇▇▇ Realty, L.P., sole member By: M▇▇▇-▇▇▇▇ Realty Corporation, general partner By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ K▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ D▇▇▇▇ ▇. ▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇. Berlin Senior Vice President of Leasing CEO
Appears in 1 contract
Generator. 39.1 Subject to the terms hereof and applicable laws, Tenant may install, operate, and maintain generators reasonably necessary for Tenant's business operations in shall have the Premises for emergency right to use one (1) back-up purposes (the "GENERATOR"electrical generator of a type, which defined term shall also refer to all related equipment) at a location on the Building grounds acceptable to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans size and specifications therefor prepared by an engineer reasonably approved by Landlord (the "Generator") in a location reasonably approved by Landlord (the "Generator Area"). In no event shall Tenant permit the Generator to interfere with normal and setting forth in detail customary use or operation of the design, location, size, and method of installation Building by Landlord or other tenants and/or occupants (including, without limitation, separation walls by means of noise or odor). Tenant shall be responsible for obtaining all permits and ventilation systemother approvals required by any governmental or quasi-governmental authority in connection with the operation and use of the Generator, and Tenant shall be solely responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with ▇▇▇▇▇▇'s operation and use of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) days following billing. Tenant shall be responsible for Landlord's review all maintenance and approvalrepairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, together with evidence reasonably satisfactory and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord that all Legal Requirements have been satisfiedand at times reasonably approved by Landlord. Landlord's approval of any such plans All repairs and specifications shall not constitute a representation or warranty by Landlord that such plans maintenance and specifications comply compliance with laws with respect to the Legal Requirements; such compliance Generator shall be the sole responsibility of Tenant (at Tenant's sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be installed deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard "boiler and screened machinery" insurance coverage with respect thereto. At Landlord's request, Tenant shall be required to remove the Generator and restore such area to the condition that existed prior to the installation of the Generator upon the expiration or earlier termination of this Lease. 1131701.06/SF372493-00050/1-31-20/pwn/pwn -35-
39.2 Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in a manner acceptable connection with or arising from any cause related to or connected with the use, operation, and/or repair of the Generator and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord's other remedies (a) Landlord shall have the right to terminate Tenant's rights with respect to the Generator, and/or (b) Landlord shall have the right, at Tenant's sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionallywithin ten (10) days following demand by Landlord, the generator modelamount expended by Landlord, size and weight shall be subject in all respects to plus Landlord's prior written approval, not to be unreasonably withheld, delayed or conditionedstandard administration fee. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon its removal, restore the portion of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant fails[no further text on this page] 1131701.06/SF372493-00050/1-31-20/pwn/pwn -36-
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Generator. To the extent permitted by applicable Laws, Tenant may install, operate, shall have the right to install a pad and maintain generators a back-up generator with a capacity reasonably necessary acceptable to Landlord (the "Generator") for Tenant's business operations exclusive use in the Premises for emergency back-up purposes an area approved by Landlord in its sole discretion (the "GENERATORGenerator Areas", which defined term ). Tenant shall also refer to be responsible for obtaining all related equipment) at a location on permits and approvals necessary for the Building grounds acceptable installation and operation of the Generator and delivering copies of the same to Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable and design approved by Landlord and shall include any noise mitigation requirements imposed by Landlord. The Generator shall be used solely for accessory use to LandlordTenant's operations in the Premises, and under no underground storage tanks may be installed circumstances shall Tenant sell, lease or used in connection therewithlicense the use of such Generator to any other party. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install only operate the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and when necessary for testing or for emergency power to the plans and specifications therefor and in a manner so as not to damage the Building; thereafterPremises. After installation, Tenant shall usebe responsible, maintainat its expense, for (i) compliance with all Laws applicable to the Generator, (ii) maintaining any permits that may be required by any governmental authority in connection with use and maintenance of the same (and delivering copies of the same to Landlord), and operate (iii) complying with the Spill Prevention, Control and Countermeasure (SPCC) rules and regulations applicable to the Generator. The Generator Areas shall have suitable provision for intake air and exhaust, as well as attendant louvers and controls and systems for retention of any spilled fuel. ▇▇▇▇▇▇ understands and agrees that no materials whatsoever are to be furnished by Landlord and no work whatsoever is to be performed by Landlord and no services of any kind whatsoever are to be furnished by Landlord in connection with the installation, use and operation of the Generator in a good, clean, and safe condition and in accordance with all Legal Requirementsany related equipment. Tenant shall be responsible for maintaining the Generator and the Generator Areas in good and safe condition, and shall promptly repair any and all damage to the Generator, the Generator Areas, and to any other part of the Premises or the Property caused by the or resulting from Tenant's installation, use, maintenance, operationrepair, operation or removal of the Generator andand all related equipment. All costs and expenses related to, or connected with, the use, erection, installation, maintenance, repair and operation of the Generator and/or the Fuel Tank shall be the responsibility of Tenant. Upon the expiration of the Term or upon its removalearlier termination, restore if Landlord so directs by written notice to Tenant given at least six (6) months in advance of the Expiration Date, Tenant shall promptly remove the Generator, the Fuel Tank and related equipment, and Tenant shall repair any damage to the portion or portions of the Building Premises and/or Property caused by or grounds where it was located resulting from such removal by Tenant. Tenant shall promptly notify Landlord in writing of any spill, release or discharge of fuel or other Hazardous Materials related to its condition immediately before the installation thereof. If Generator and/or Fuel Tank and Tenant failsshall indemnify, defend and hold Landlord harmless in connection with any loss, cost, damage, claim or liability arising out of the same.
Appears in 1 contract
Generator. Tenant may install, operate, and maintain generators reasonably necessary for Tenant's business operations in shall have the right to install as an alteration to the Premises for a 750 kW emergency back-up purposes generator and related above-ground diesel fuel storage tank in an enclosure compatible with the Building (collectively, the "GENERATOR"“Generator Installation”) in one of the approved areas shown on Exhibit H, subject in all respects to obtaining and maintaining all necessary governmental permits and approvals, compliance with requirements of applicable Laws and this Lease, and detailed plans and specifications therefor which shall be subject to Landlord’s prior written approval, which defined term approval shall also refer to not be unreasonably withheld. Tenant shall, at Tenant’s sole cost, operate, maintain and repair the Generator Installation in first-class condition and repair in accordance with all related equipment) at a location on applicable Laws. In addition, in the Building grounds acceptable to Landlord, provided that event any part of the Project is affected or damaged by the installation, maintenance, userepair, use and/or operation of the Generator Installation, Tenant shall repair and/or restore such affected portion of the Project in a manner reasonably acceptable to Landlord. Tenant shall abide by the highest industry safety and operation thereof complies with all Laws and architectural guidelines in effect environmental standards for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, userepair, use and/or operation of the Generator Installation. All of the provisions of this Lease with respect to Tenant’s Premises and alterations thereto shall apply to the Generator Installation and to Tenant’s installation, use and maintenance thereof, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance, and operation thereofcompliance with applicable Laws. Before beginning Without in any manner limiting the installation obligations of the GeneratorTenant as set forth in this Lease, Tenant shall deliver to be solely responsible for and shall indemnify, defend and hold Landlord final plans harmless from and specifications therefor prepared by an engineer reasonably approved by Landlord against any and setting forth in detail the designall claims, locationjudgments, sizedamages, penalties, fines, costs, liabilities and method of installation losses (including, without limitation, separation walls sums paid in settlement of claims and ventilation systemfor reasonable attorneys’ fees, consultant fees and expert fees) for Landlord's review and approvalwhich arise during or after the Term as a result of installation, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval maintenance, repair, use and/or operation of the Generator Installation (including, without limitation, any such plans and specifications shall not constitute a representation diesel fuel or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or other Hazardous Materials stored and/or used in connection therewith). AdditionallyThis indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work to the generator modelextent associated with the Generator Installation. Tenant shall promptly take all actions, size at its sole cost and weight shall be subject in all respects expense, as are necessary to return the Premises and/or Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon ’s approval of the plans such actions shall first be obtained and specifications therefor Tenant shall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s sole cost and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafterexpense. Furthermore, Tenant shall useimmediately notify Landlord of any inquiry, maintaintest, and operate investigation or enforcement proceeding by or against Tenant or the Generator in a goodPremises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, cleanat Landlord’s election, and safe condition shall have the right, at Tenant’s expense and in accordance cooperation with all Legal RequirementsTenant, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials contamination which Tenant is obligated hereunder to remediate. The covenants of Tenant hereunder shall repair all damage caused by survive the installation, use, maintenance, operation, or removal expiration of the Generator and, upon its removal, restore the portion Term or earlier termination of the Building or grounds where it was located to its condition immediately before the installation thereof. If Tenant failsthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Generator. 35.1 Tenant may install, operate, and maintain generators reasonably necessary for Tenant's business operations in shall have the Premises for emergency right to install one (1) natural gas-powered back-up purposes generator or power source, similar in size to a standard residential whole-house generator for residential use, and related fuel storage, concrete pad (if necessary), cabling and equipment (collectively, the "GENERATOR", which defined term shall also refer to all related equipment“Generator”) at in a location on adjacent to the Building grounds entrance to the Premises and acceptable to Landlord, provided that having a footprint not greater than twenty-five (25) square feet, at no additional cost throughout the installationLease Term, maintenance, use, subject to the conditions of this Article 35.
35.2 The Generator shall be and remain the property of Tenant throughout the Term. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation thereof complies with all Laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved Business Center by Landlord and setting forth in detail the design, location, size, and method of installation or other tenants and/or occupants (including, without limitation, separation walls by means of noise or odor). Tenant shall be responsible for any and ventilation systemall costs, if any, incurred by Landlord as a result of or in connection with the installation, operation, use, maintenance, repair and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, ▇▇▇▇▇▇ shall reimburse Landlord for the same within thirty (30) days following billing and receipt of reasonable evidence of said costs. If required by Landlord, Tenant, at Tenant's sole cost and expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's reasonable discretion) in order to satisfy Landlord's aesthetic requirements in connection with the Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to maintain the Generator and install connections between the Generator and the electrical systems in the Building, all in compliance with all applicable laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, maintenance, repair and removal of the Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld and otherwise subject to the provisions of Article 8 of this Lease related to the performance of improvements within the Premises. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Generator and facilities related thereto to Landlord for Landlord's review consent, which consent will not be unreasonably withheld or delayed and approvalmay be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. based on the advice of Landlord's approval engineers, so that the Building's systems or other components of any such plans the Building are not adversely affected by the operation of the Generator and/or based upon other reasonable factors as determined by Landlord. The costs of the Generator shall be Tenant's sole responsibility. All repairs and specifications shall not constitute a representation or warranty by Landlord that such plans maintenance and specifications comply compliance with laws with respect to the Legal Requirements; such compliance Generator shall be the sole responsibility of Tenant (at Tenant's sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generator. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not deemed to be unreasonably withheld, delayed or conditioned. Upon approval a part of the plans and specifications therefor and Premises for purposes of the size and location thereofinsurance provisions of this Lease, Tenant may install the Generator provided that such work is performed in a good and workmanlike manneras amended hereby, and, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafteraddition, Tenant shall use, maintain, at Tenant's cost, industry standard "boiler and operate machinery" insurance coverage with respect thereto.
35.3 If Tenant installs a Generator as provided in Section 35.1 above, then Tenant shall have the right to remove the same and all related facilities and equipment prior to the expiration or earlier termination of this Lease, as amended (or upon any earlier termination of Tenant's rights with respect to the Generator as provided hereunder), and, in a goodconnection with such removal, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generator (including, without limitation, removal of any concrete pad and/or fencing installed by Tenant for such Generator), all at Tenant's sole cost and expense. In addition, at Landlord's option, Landlord may require that Tenant remove the installationGenerator and all related facilities and equipment upon the expiration or earlier termination of this Lease, as amended (or upon any earlier termination of Tenant's rights with respect to the Generator as provided hereunder), and repair all damage to the Building resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generator, all at Tenant's sole cost and expense. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause related to or connected with the use, maintenance, operation, or repair and/or removal of the Generator andand/or any acts, upon its removalomissions or negligence of Tenant or of any person claiming by, restore the portion through or under Tenant, or of the Building contractors, agents, servants, employees, invitees, guests or grounds where it was located licensees of Tenant or any such person, in connection with the Generator. In the event that Tenant shall fail to its condition immediately before comply with the installation thereof. If requirements set forth herein, without limitation of Landlord's other remedies Landlord shall have the right, at Tenant's sole cost and expense to cure such breach, in which event Tenant failsshall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord, plus Landlord's standard administration fee.
Appears in 1 contract
Sources: Lease (Talis Biomedical Corp)
Generator. A. During the initial Term and any renewal thereof, Tenant may install, operate, and maintain generators reasonably necessary for Tenant's business operations in shall have the Premises for emergency back-up purposes right to install a supplemental generator (the "GENERATORGenerator", which defined term ) to provide emergency additional electrical capacity to the Premises. The Generator shall also refer to all related equipment) be placed at a location at the Property designated by Landlord (the Generator Location"). However, Tenant's right to install the Generator shall be subject to Landlord's reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator. Landlord shall have the right to require (at the time Landlord approves the plans for the Generator and installation thereof or within 30 days after installation of the Generator) an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building grounds acceptable and Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator. Notwithstanding anything herein to Landlordthe contrary, provided if Tenant does not install the Generator on or before 6 months after the Commencement Date or if Tenant, after installation, removes the Generator from the Generator Location for reasons other than the repair and replacement of the Generator, Tenant's right to install the Generator and to use the Generator Location shall be null and void.
B. Tenant shall be responsible for assuring that the installation, maintenance, use, operation and operation thereof complies with all Laws and architectural guidelines removal of the Generator will in effect for the area in which no way damage the Building is located as they may or Property. Tenant agrees to be amended from time responsible for any damage caused to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before Building or Property in connection with the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the Legal Requirements; such compliance shall be the sole responsibility of Tenant. The Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld, delayed or conditioned. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, operation, or removal of the Generator and, upon in accordance with the terms of Article XIV of the Lease, to indemnify, defend and hold Landlord, its trustees, members, principals, beneficiaries, partners, officers, directors, employees, agents and mortgagees (collectively, the "Landlord Related Parties") harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator and its appurtenances, including, without limitation, any environmental and hazardous materials claims.
C. Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall repair any damage caused by such removal, restore including the portion patching of any holes to match, as closely as possible, the Building color surrounding the area where the Generator and appurtenance were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or grounds where it was located Landlord. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition.
D. Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and its condition immediately surrounding area for the purpose of installing, operating, repairing, maintaining and removing the Generator.
E. Tenant shall only test the Generator before the installation thereof. If Tenant failsor after Normal Business Hours and upon prior notice to Landlord.
Appears in 1 contract