Common use of Generator Clause in Contracts

Generator. One or more generators will be installed within the Premises as part of the Tenant Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:

Generator. One 22.1 As an appurtenant to the Premises, for and with respect to the Term of this Lease, Tenant is hereby granted, subject to this Article 22, Article 5 of this Lease and all of the other provisions of this Lease and such other requirements as shall be imposed by Landlord from time to time, the right to install, secure, maintain, replace and operate in either (a) the location designated as “A”, or more generators (b) the location designated as “B”, each as set forth on Exhibit H annexed hereto (the “Generator Space”), an emergency electric generator together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the “Generator”). The capacity, size, location and dimensions of the Generator shall be subject to Landlord’s approval, which approval will not be installed unreasonably withheld. To the extent that the Generator shares facilities (excluding the cooling tower), including, without limitation, fuel systems, supply air systems, generator rooms, feeders, etc., with Landlord’s generator, Tenant shall pay the incremental costs of such facilities in excess of the costs that Landlord would incur but for such sharing and shall reimburse Landlord for all such costs (including design, installation and construction costs) within 30 days after demand. 22.2 Tenant is also granted, subject to the provisions of Article 5 and of this Article 22 and such other requirements as may be imposed by Landlord, the right to install, operate and maintain in shaft or riser space to be reasonably designated by Landlord an electric riser from the Generator Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets and from the Generator Space (i) to the Building’s intake and discharge air shaft/plenums in the basement of the Building, (ii) to a fuel oil fill pipe on the street level of the Building and vent, to bring fuel from the street to the fuel tank, and (iii) to a fuel supply and return and a vent pipe as required to bring fuel from the fuel tank to the Generator. 22.3 Tenant shall, at its sole cost and expense, diligently operate, service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. 22.4 No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Generator Space other than those required by applicable laws, regulations, codes and ordinances. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. 22.5 In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Generator Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease and all of the provisions of this Lease shall be applicable to the Generator Space as if the Generator Space was part of the Tenant Fit-Up which includes its Premises. 22.6 Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (or their) associated engine(sincluding those shown to be specifically related to any increase in the assessed valuation of the respective Building attributable to the Generator), alternator and alternator control panelwhether imposed by any local, battery and charger system (i.e. what is generally referred state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to as the "Uninteruptable Power Supply" cooperate reasonably with Tenant in any necessary applications for any necessary license or "UPS")permits provided Landlord incurs no expense or liability in so doing. 22.7 Upon reasonable advance notice to Landlord, cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") may have access to the Generator Space for the sole purpose of servicing and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of maintaining the Generator. The Generator Allowance Landlord shall be credited have the right (in its sole discretion) to the Tenant's rental account on the day that is the later of thirty (30have its representative(s) days after the Commencement Date and the date on which the LSS is connected to accompany Tenant whenever it services or maintains the Generator. At all other times, Landlord may keep the end entrances to the Generator Space locked. Tenant shall not have any tools and/or materials stored in the Space, and Tenant’s employees and independent contractors shall close and lock the entrance door to the Space when leaving the same. 22.8 Throughout the duration of this Lease, Tenant shall inspect the Generator on a regular basis consistent with the prudent and customary inspection and maintenance procedures. The Generator shall not exceed the load-bearing capacity of the Term Generator Space. (as extendeda) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Property, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the “Substitute Generator Space”) shall be substantially identified). Within 30 days of receipt of Landlord’s notice (or, if applicablea governmental permit is required to be obtained for installation of the Generator in the Substitute Generator Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord’s reasonable cooperation), Landlord, at its sole cost shall move the Generator to the Substitute Generator Space (with only a commercially reasonable lapse of service) which shall then become the Generator Space hereunder and the original Generator Space shall be deleted from the coverage of this Lease. (b) Tenant’s operation or use of the Generator shall not prevent or interfere with the operation or use of any equipment of any present or future tenant or occupant of the Buildings or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes interference with other operations or equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the “Replacement Generator”). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement Generator, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord’s cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement Generator which shall then be deemed to be the Generator hereunder. 22.10 Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment has made no warranties or representations as to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost condition or suitability of the Generator Space or the Building (which cost or the electricity available to the Generator Space) for clarity is not to include any cabling the installation, use, maintenance or equipment other than operation of the Generator) , and the Generator Allowance. The Generator Purchase Option may Tenant agrees to accept same in its “as is” condition and without any work or alterations to be exercised made by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:Landlord.

Generator. One or more generators will be installed within Tenant shall have the Premises right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the Tenant Fit-Up which includes its (or their) associated engine(s“Generator”), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all for Tenant’s Share of the said items Generator’s capacity available to be collectively referred tenants of the Building to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the provide back-up generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") services to the Generator and that such connection shall continue throughout Premises. During the Lease Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the such Generator in good order at Tenant’s sole cost and condition at its expense throughout the Termexpense. Notwithstanding the foregoing, the testing and maintenance Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the LSSGenerator, including such portion or the EXHIBIT C -4- THE COVE AT OYSTER POINT [First Amendment] [Global Blood Therapeutics, Inc.] failure of the Generator relating to provide suitable or adequate back-up power to the LSSPremises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in Article 10, below, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar apply to the Building and the cost thereof will be included in Operating Expenses. In consideration Tenant’s use of the Generator and Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of shall carry industry standard Boiler and machinery insurance covering the Generator. The Tenant shall maintain all required permits in connection with the Generator Allowance throughout the Lease Term. Tenant shall be credited to leave the Tenant's rental account on Generator in place upon the day that is the later expiration or earlier termination of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extendedthis Lease, if applicable), the Tenant agrees that the Landlord shall have the option to purchase surrender the Generator ("and shall transfer to Landlord all permits maintained by Tenant in connection with the Generator Purchase Option"during the Lease Term) upon payment to concurrent with the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) surrender of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not Premises to include any cabling or equipment other than the Generator) Landlord as required hereunder in good operating and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extendedworking order, if applicable) and in the event that it is so exercised:with all permits current.”

Generator. One or more generators Landlord agrees that, subject to the terms and conditions set forth in this Paragraph, Tenant will be installed within have the Premises as part right, at Tenant’s sole cost and expense, to install a backup generator, and an enclosure around such equipment (the “Emergency Power System”) on the exterior of the Premises, in the location depicted on Exhibit M. Landlord will not grant any other tenant of the Project the right to install a generator on the Property. The following terms and conditions will apply to the Emergency Power System: (a) The Emergency Power System must comply, and Tenant Fitwill at Tenant’s cost cause the same to be and to remain in compliance, with all Regulations and the requirements of all federal, state and local governmental and quasi-Up which includes governmental authorities having jurisdiction over the Building. (b) The Emergency Power System must comply, and Tenant will at Tenant’s cost cause the same to be and to remain in compliance, with all applicable insurance requirements of both Landlord’s insurer and Tenant’s insurer. The insurance provisions of Paragraph 17 of the Lease will apply to the Emergency Power System. (c) Tenant will, at its sole expense, maintain the Emergency Power System in good condition at all times during the Term. (d) If Landlord becomes aware that the Emergency Power System is in violation of this Paragraph, Landlord will so notify Tenant. If Tenant becomes aware, whether by notice from Landlord or theirotherwise, that the Emergency Power System is in violation of this Paragraph, Tenant will promptly correct such violation. (e) associated engine(sUpon expiration or earlier termination of this Lease, or upon expiration or termination of Tenant’s right to the Emergency Power System (as provided above), alternator Tenant will, at its sole cost and alternator control panelexpense, battery remove the Emergency Power System, and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" repair and restore any damage caused by its installation or "UPS")removal, cooling systemincluding, exhaust systemwithout limitation, fuel pump and day tank (all restoration of the said items Building and surrounding area to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad an architectural and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Buildingaesthetic whole. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" provisions of this lease. Without limiting any paragraph will survive the expiration or sooner termination of the Tenant's obligations under this lease, the Lease. (f) Tenant agrees that it shall maintain the Generator in good order will pay all costs and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing expenses of operation and maintenance of the LSSEmergency Power System. If any such costs are invoiced to Landlord, such costs will become additional rent and will be due promptly upon invoice therefor from Landlord. Tenant will pay Landlord, as additional rent, all additional expenses incurred by Landlord as a result of the Tenant’s operation of the Emergency Power System. (g) Landlord may impose such other reasonable requirements and restrictions with respect to the Emergency Power System at such time as Tenant submits its plans for the Emergency Power System, and Landlord may impose such additional reasonable requirements and restrictions with respect to the Emergency Power System at any time thereafter so long as such additional requirements and restrictions imposed thereafter do not unreasonably impede the operation and utility of the Emergency Power System and do not unreasonably cause Tenant to incur any additional material cost or expense. (h) The Emergency Power System must not clash with and must be harmonious with the Building color scheme, in Landlord’s reasonable judgment. (i) The design of the Emergency Power System must be consistent with the first-class nature of the Building, in Landlord’s reasonable judgment. (j) The Emergency Power System must be screened or fenced off in a manner reasonably satisfactory to Landlord, using materials consistent with the first-class nature of the Building, in Landlord’s reasonable judgment. (k) The size and location of the Emergency Power System may not unreasonably and adversely impact the Building’s parking amenities and access, in Landlord’s sole and absolute judgment. (l) All aspects of the installation of the Emergency Power System will be subject to Landlord’s review and approval (which approval will not be unreasonably withheld or delayed). Without limiting the foregoing, any fuel tanks for the Emergency Power System must be above-ground, not underground. (m) Before installing the Emergency Power System, Tenant must prepare and deliver to Landlord the following, which will be subject to Landlord’s approval (which approval will not be unreasonably withheld or delayed): Preliminary drawings of the Emergency Power System, including the location proposed by Tenant; A list of all colors, materials, and finishes that will be used; and Samples of any material to be used in screening or fencing off the Emergency Power System, if Landlord so requests. Incomplete drawings will be returned to Tenant without approval. (n) Tenant will be responsible, at its sole cost and expense, for obtaining and maintaining during the Lease Term all applications, permits, consents, approvals and licenses required by federal, state and local governmental and quasi-governmental authorities, and by any applicable property association to which the Building may be subject, in connection with the Emergency Power System. Landlord will cooperate with Tenant in obtaining such portion approvals, but Tenant will reimburse Landlord for Landlord’s out-of-pocket costs in connection therewith. Copies of all permits and licenses must be delivered to Landlord promptly after Tenant’s receipt thereof. Tenant’s inability or failure to obtain any such permits, approvals or licenses, or the expiration or cancellation of the Generator relating same, and the resulting inability of Tenant to install or maintain the Emergency Power System, will not invalidate this Lease or reduce Tenant’s obligations under this Lease. (o) Landlord is not and will not be obligated to provide a security guard or any other security services for the Emergency Power System. Under no circumstances will Landlord or its managing agent or their respective agents or employees be liable for, and Tenant waives all claims with respect to, (a) any damages, injuries or losses sustained by Tenant or its agents, employees or contractors, resulting from Landlord’s failure to provide security or adequate security for the Emergency Power System, or (b) losses or damages due to failure of the Emergency Power System or inadequacy of the location or facilities therefor, the same being at Tenant’s sole risk, or (c) the damages done to the LSSEmergency Power System by any person, shall and neither will Landlord be carried out required to insure against any such losses. Tenant will follow all rules and regulations reasonably promulgated by the Landlord in accordance with any building codes applicable respect thereto. The said testing provisions of this paragraph will survive the expiration or sooner termination of this Lease. (p) Tenant will indemnify, defend and maintenance shall hold harmless the Parties Indemnified by Tenant (as defined in Paragraph 19 from and against any and all loss, damage, claim, demand, liability or expense (including reasonable attorneys’ fees) resulting from claims by third parties arising in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto. Tenant will have the right and obligation to assume the defense of any claim covered by this indemnity on behalf of both itself and the Landlord Parties, and the Landlord Parties may not settle such claim without the consent of Tenant (which consent will not be at such intervals as would be carried out by a prudent owner of a building similar unreasonably withheld or delayed), provided (i) Tenant acknowledges to the Building and the cost thereof will be included Landlord Parties in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event writing that it is so exercised:responsible for such claim under the terms of this paragraph and (ii) the lawyers selected by Tenant to handle such defense are reasonably satisfactory to the Landlord Parties and such representation does not result in a conflict of interest for such lawyers. The Landlord Parties may participate in the defense of such claim at their own expense unless Tenant is not representing the Landlord Parties in which case the reasonable expense of the Landlord Parties in defending against such claim will be paid by Tenant. The provisions of this paragraph will survive the expiration or sooner termination of this Lease. (q) Tenant agrees to indemnify Landlord and the other Parties Indemnified by Tenant (as defined in Paragraph 19), and hold them harmless from and against any loss, cost, claim, liability or expense (including reasonable attorneys’ fees and court costs) arising out of or in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto. (r) The waivers set forth in Paragraph 18 will apply to the Emergency Power System.

Generator. One Subject to the terms and conditions hereinafter set forth, Landlord grants to Tenant, during the Term, the right to install one (1) commercially reasonable emergency generator relating to Tenant’s business in the Demised Premises at a location at the Building designated by Landlord and approved by Tenant in its reasonable discretion, for supplying emergency power to the Demised Premises and, except as otherwise provided, to connect such equipment through existing mechanical shafts or more generators will vertical riser paths to the Demised Premises. The rights to own, install and use such additional generator under this Article 32 shall be installed within in addition to the Tenant’s exclusive right to use the existing generator currently serving and connected to the Demised Premises and the existing Liebert units located at the Demised Premises as part of the Tenant Fit-Up which includes its Turnover Date (or their) associated engine(sthe “Existing Generator/Liebert Units”), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all . Without limitation of the said items to be collectively referred to as "foregoing, Tenant shall have the Generator"right, exercised by written notice thereof given on or before one (1) together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") year prior to the Generator and that such connection shall continue throughout the Term. For clarityExpiration Date (or, the Tenant agrees that such connection shall continue in the event that the if Tenant has exercised any of its rights renewal option under Article 29 above, then on or before one (1) year prior to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term Renewal Period), to have Landlord convey the Existing Generator/Liebert Units to Tenant, in consideration for the payment of One Dollar ($1.00), in which case (i) Landlord shall convey such Existing Generator/Liebert Units to Tenant effective as extendedof the Expiration Date (or, if applicableTenant has exercised its renewal option under Article 29 above, then effective as of the last day of the Renewal Period), by quit-claim b▇▇▇ of sale (i.e., without any representations or warranties of any kind or nature whatsoever, express or implied), and (ii) Tenant shall remove such Existing Generator/Liebert Units from the Demised Premises as of the Expiration Date (or, if Tenant agrees that has exercised its renewal option under Article 29 above, then as of the Landlord last day of the Renewal Period), in accordance with the removal/restoration and other obligations set forth in Section 8.2 above relative to other equipment and improvements which must be removed by Tenant thereunder. In no event shall Tenant have any right to obtain a conveyance of the option Existing Generator/Liebert Units pursuant to purchase this Section 32.1 if the Generator ("the Generator Purchase Option") upon payment Term of this Lease, or Tenant’s right to possession hereunder, is terminated for any reason prior to the stated Expiration Date (or, if Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be has exercised by the Landlord at any time its renewal option under Article 29 above, then prior to the last sixty (60) days day of the Term Renewal Period) hereunder (i.e., whether due to a default by Tenant, or due to Tenant’s exercise of any early termination rights hereunder, or otherwise). If, during the Term, Tenant’s service provider for the maintenance, repair or operation of the Existing Generator/Liebert Units requests authority from Landlord, as extendedthe owner of such items, if applicable) to allow such service provider to so provide the applicable servicing activities, then Landlord shall promptly respond to such request, provided that any such servicing of the Existing Generator/Liebert Units, and the service arrangement with any such service provider relative thereto, shall otherwise comply with all terms and conditions set forth in this Lease governing the event that it is so exercised:same.

Generator. One or more generators will be installed within 2.01 Tenant, subject to Landlord’s review and approval of Tenant’s plans therefor, shall have the right to install a supplemental generator with a capacity not to exceed 400 kilowatt (the “Generator”) and an above ground fuel tank (the “Tank”) to provide emergency additional electrical capacity to the Premises as part during the Term. If, during the Term of this Lease, Tenant reasonably determines in its business judgment that the 400 kilowatt capacity is insufficient for Tenant’s standard business operations at the Premises, Landlord and Tenant shall in good faith (and at no additional cost or expense to Landlord) work together to reasonably determine if the 400 kilowatt capacity of the Tenant Fit-Up which includes its (or their) associated engine(s)Generator may be increased and, alternator if so, the terms and alternator control panel, battery and charger system (i.e. what is generally referred conditions applicable to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (any such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Buildingincrease. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to Tenant’s plans for the Generator and that such connection the Tank shall continue throughout include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Term. For clarity, Tank shall be placed at the Tenant agrees that such connection shall continue in location outlined on Schedule 2 attached hereto and made a part hereof (the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the “Generator in good order and condition at its expense throughout the TermArea”). Notwithstanding the foregoing, Tenant’s right to install the testing Generator and maintenance the Tank shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, of the LSS, including such portion of manner in which the Generator relating and the Tank is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building Premises and the cost thereof measures that will be included in Operating Expenses. In consideration of taken to eliminate any vibrations or sound disturbances from the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option right to purchase require an acceptable enclosure to hide or disguise the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost existence of the Generator and the Tank and to minimize any adverse effect that the installation of the Generator and/or the Tank may have on the appearance of the Building 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 of the Generator and the Tank. Tenant shall not install or operate the Generator or the Tank until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator and the Tank, and Landlord shall cooperate with Tenant in all commercially reasonable respects in connection therewith. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator and the Tank. 2.02 Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank shall in no way damage any portion of the Building or Property. To the maximum extent permitted by Law, the Generator, the Tank and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. Tenant agrees to be responsible for any damage caused to the Building or Property in connection with the installation, maintenance, operation or removal of the Generator and/or the Tank and, in accordance with the terms of Section 13 of the Lease, to indemnify, defend and hold Landlord and the Landlord Related Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by Law), which cost may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator and the Tank, including, without limitation, any environmental and hazardous materials claims, but excluding any claims to the extent due to the negligence or willful misconduct of Landlord or the Landlord Related Parties. If for clarity any reason, the installation or use of the Generator, the Tank and/or the appurtenances shall result in an increase in the amount of the premiums for the insurance coverage for the Building, then Tenant shall be liable for the full amount of any such increase. 2.03 Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator, the Tank and appurtenances, all of which shall remain the personal property of Tenant, are components of the Required Removables, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator, Tank and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is not in as of the Commencement Date, without any obligation on the part of Landlord to include prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator and/or the Tank. Tenant shall have no right to make any cabling changes, alterations, additions, decorations or equipment other improvements to the Generator Area (other than with respect to the Generatorrepair of the existing Generator or the replacement of the existing Generator with a new Generator of no greater size) without Landlord’s prior written consent. Tenant agrees to maintain the Generator and the Tank, including without limitation, any enclosure installed around the Generator and the Tank in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to keep such enclosure in good condition. 2.04 Tenant, upon prior notice to Landlord and subject to the rules and regulations enacted by Landlord, shall have access to the Generator and the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and Tank. 2.05 Tenant shall only test the Generator before or after Building Service Hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator Allowanceand the Tank and Generator Area are solely for the benefit of Tenant, any Permitted Transferees, and any third party assignee or subtenant of Tenant to whom Tenant has assigned the Lease or subleased the entire Premises (collectively, the “Permitted Generator Users”). The Generator Purchase Option may be exercised All electricity generated by the Generator may only be consumed by the Permitted Generator Users in the Premises. 2.06 Landlord shall have no obligation to provide any services, including, without limitation, electric current, to the Generator Area. 2.07 Tenant shall have no right to sublet the Generator Area or to assign its interest hereunder, except to another Permitted Generator User. 2.08 Notwithstanding anything to the contrary contained herein, if at any time prior to during the last sixty (60) days Term the Generator, the Tank and/or any appurtenances thereto or the operations thereof violate, or there exists a condition that solely with the passage of time will violate, any Law or Laws, then Tenant shall cease any further operation of the Term (as extendedGenerator and the Tank. Tenant shall have no further right to operate the Generator and the Tank unless and until Tenant shall have redesigned and modified the Generator and the Tank and/or any appurtenances thereto in a manner in order to comply with all applicable Laws. However, if applicable) such redesign and modification shall constitute the mere right of Tenant to operate the Generator and the Tank in compliance with all applicable Laws, which right shall in no event be construed to abrogate or diminish Landlord’s rights or Tenant’s obligations under the event that it is so exercised:other provisions of this Section 2 or the Lease. 2.09 During the Term, Tenant shall not be obligated to pay Landlord any Additional Rent or fee for the use of the Generator Area.

Generator. One (a) Should Landlord, in its sole discretion, determine the Non-FLS Generator described in Paragraph 60 of the Lease requires replacement, Landlord shall give written notice to Tenant within thirty (30) days of notice of the necessity to replace the generator and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or more generators (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced. (b) Should the Non-FLS Generator described in Paragraph 60 of the Lease cease to operate, Landlord shall give written notice to Tenant within ten (10) days of the failure of the generator, and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced. (c) If Landlord elects in the written notice to Tenant the option under either Paragraph 6(a)(i) or (ii) Paragraph 6(b)(i) or (ii) of this Second Amendment, Tenant may install a replacement generator of its own in the location denoted on Exhibit “B – 2nd Amendment”, attached hereto, or such other location as Landlord and Tenant may mutually agree upon. If Tenant elects to install a replacement generator, it shall be at Tenant’s sole cost and expense, and the provisions governing Alterations set forth in the Lease shall apply, including the following: (i) Tenant shall submit to Landlord for approval prior to installation the plans and specifications setting forth a description of the proposed replacement generator to be installed within the Premises as part and other provisions of installation; (ii) Tenant shall be solely responsible for obtaining any and all permits from governmental authority requisite to installation of the replacement generator; (iii) Tenant Fitshall coordinate the actual installation, including the tie-Up which includes its in to existing Building Systems, with Landlord; and (or theiriv) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred Tenant shall repair any damage to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all Project occurring by reason of the said items to be collectively referred to as "installation of the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Buildingreplacement generator. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") Notwithstanding anything to the Generator contrary, any installation of the replacement generator by Tenant must not adversely affect the Building Systems or Building Structure. Once Tenant installs such replacement generator, Tenant shall be solely responsible for the costs to operate and that such connection shall continue throughout maintain the replacement generator during the Term. For clarityThe provisions of the Lease associated with the Non-FLS Generator shall apply to any replacement Non-FLS Generator, except for purposes of the Lease, any such replacement Non-FLS Generator installed by Tenant agrees that such connection pursuant to this Paragraph 6(c) shall continue in be deemed to be an Alteration, and not a Non-removable Improvement. (d) If Landlord elects the event that the Tenant has exercised any option under Paragraph 6(a)(iii) or Paragraph 6(b)(iii) of its rights to cancel this lease Second Amendment, Landlord shall obtain bids with respect to portions the cost to replace the Non-FLS Generator with a generator of equivalent or greater power capacity and shall notify Tenant of the Premises as provided for in Section 8 of Schedule "F" of this leasebids. Without limiting any Within ten (10) days after receipt of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance last of the LSSbids, including such portion Landlord and Tenant shall review the bids and mutually select the generator to replace the Non-FLS Generator. Following selection, Landlord shall retain the contractor and replace the Non-FLS Generator with the replacement Non-FLS Generator on which the parties agreed. Following installation, Landlord shall send to Tenant copies of the Generator relating invoices related to the LSS, costs to purchase and install the replacement generator. Tenant shall be carried out by the reimburse to Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of within thirty (30) days after delivery to Tenant the Commencement Date invoices a percentage of the cost to purchase and install the replacement generator in an amount equal to the percentage calculated by taking ½ of the excess capacity (over the capacity allocated to Landlord). Thereafter, the cost of operating, maintaining and repairing the replacement Non-FLS Generator shall be included in Operating Expenses using a ratio whereby the numerator is the percentage of capacity used by Tenant of the replacement Non-FSL Generator in and the date on which denominator is the LSS is connected to the Generator. At the end total capacity of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straightreplacement non-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the FSL Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:.

Generator. One Tenant shall be permitted at its cost to install, operate, maintain, repair and replace up to one 1,250 kw/480 volt diesel generator to be located at Tenant's option, either in the alcove directly north of the Public Service Transformer room or more generators directly south of the first west bay of the Annex Building, provided that in the case of the first west bay, Tenant has constructed an enclosure around the generator area and installs landscaping from materials and to a design approved by Landlord. Such generator will have the related wiring, piping, conduits, vents and equipment, including up to six (6) four-inch and up to two (2) one-inch conduits all provided by Tenant. In connection with such generator, Tenant shall also have the right to place one up to 3,000 gallon fuel tank or two up to 1,500 gallon fuel storage tanks in the alcove area ("Equipment Area") reasonably adjacent to the generator location or other mutually agreed upon area. This area is shown in Exhibit "H." The fuel tanks will comply with all laws, rules and regulations. Alternatively, the fuel tanks will be installed within placed in another location as determined by Landlord. Tenant will have the Premises as part of exclusive right to use this area. Tenant may, at its option, demolish and remove the existing concrete floor slab in this area and replace it with an approximately eight-inch reinforced concrete slab. Tenant Fit-Up shall have the right to install a fuel piping system, which includes its (or their) associated engine(s), alternator two 4-inch double-walled supply and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors return pipes from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator fuel tanks. Tenant shall have the right to install required fuel fill lines and that such connection ventilation lines in locations as reasonably determined by Tenant and approved by Landlord which approval shall continue throughout not be unreasonably withheld, delayed or conditioned. Tenant shall enclose the fuel tanks by constructing a concrete masonry unit enclosure. Tenant shall have the right to test the generator no less than once per week at a time mutually agreed upon between Landlord and Tenant and in compliance with all laws. Tenant hereby agrees to protect, defend, indemnify and hold harmless Landlord for the use of the generator and fuel storage tank and any environmental liability resulting therefrom and Tenant shall remove same upon the expiration of the Lease Term. For clarityThis indemnity shall survive the expiration of the Lease Term. Tenant may, at its option, place the Tenant agrees that such connection shall continue transfer switch and disconnect switch in the event that the Equipment Area along with related piping, conduits and equipment. Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof specifically will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase place a portion of its equipment, including the Generator ("transfer switch, in the Generator Purchase Option") upon payment to approximately 30 foot by 30 foot room in the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) Southwest corner of the difference between Annex Building, currently identified as the Tenant's acquisition cost "Wards Battery Room." The square footage of said space is 981 rental square feet and the Generator (which cost rental rate for clarity is not to include any cabling or equipment other than the Generatorsuch space shall be as set forth in Section 1(i) and the Generator Allowance. The Generator Purchase Option may shall be exercised by the Landlord at any time prior an addition to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:Base Rent.

Generator. One or more generators will be installed within Landlord grants to Tenant an exclusive license to use throughout the Term the existing 300 kw generator that services the computer lab on the fourth floor portion of the Premises as part and the UPS systems (a 40 kva unit and a 50 kva unit) that service the computer lab and professional services lab on the fourth floor portion of the Premises (the “Backup Power System”). In addition, Tenant Fit-Up which includes its may install, at Tenant’s sole cost and expense and in compliance with the terms and conditions of this Lease, conduits and other equipment connecting the Premises to the Backup Power System (or their) associated engine(scollectively, “Tenant’s Equipment”). At all times during the Term hereof, alternator Tenant shall maintain, at Tenant’s sole cost and alternator control panelexpense, battery Tenant’s Equipment in good, operational working order and charger system condition (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all copies of the said items such maintenance records to be collectively referred provided to as "the Generator"Landlord within five (5) together days of Landlord’s request therefor) and in compliance with its associated exterior enclosureall applicable laws, concrete pad codes, ordinances, orders, directives, rules and regulations, all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switchinsurance requirements, and all feeder conductors reasonable rules and regulations which may be promulgated by Landlord from time to time. At Landlord’s request, Tenant shall test Tenant’s Equipment at least once per year, and provide the generator into results of such testing to Landlord within five (5) days of the Buildingdate of Tenant’s receipt of such results. Although Tenant is not required to pay to Landlord a fee for the usage of the Backup Power System, Tenant shall pay to Landlord all actual utility and fuel costs, determined by Landlord in its reasonable discretion, associated with Tenant’s use of the Backup Power System. Tenant shall maintain the Backup Power System in accordance with commercially reasonable standards; provided, however Landlord shall replace the Backup Power System if such system requires replacement during the Term, and Tenant shall reimburse Landlord as additional rent on a monthly basis during the Term for the annual amortization of the cost of such replacement, amortized over the remainder of the Term. The Backup Power System shall be returned to Landlord in good working order, reasonable wear and tear excepted. Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease makes no warranty or representation with respect to portions the Backup Power System or its suitability for Tenant’s use, and Landlord shall have no responsibility or liability to Tenant in connection with any failures of such Backup Power System; provided, however, Landlord hereby provides Tenant with a one-year warranty on the Backup Power System, such that Landlord shall be responsible, at its sole cost and expense, for any necessary replacement thereof for a period of one year following the Lease Commencement Date. Tenant hereby releases Landlord and its property manager and their respective agents and employees, and waives any and all claims for damage or injury to person or property or loss of business sustained by Tenant, in connection with or resulting from the Backup Power System becoming in disrepair, malfunctioning, or failing, all as further set forth herein, except in each case, to the extent a court of competent jurisdiction determines that such damage or injury resulted from a breach of Landlord’s duty hereunder. Tenant’s right to use the Backup Power System is granted solely to service the Premises, and Tenant shall not permit the use of the Premises as provided for in Section 8 of Schedule "F" of this leaseBackup Power System by any party not occupying the Premises. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option right to purchase inspect the Generator Backup Power System, upon twenty-four ("24) hours prior notice to Tenant, to ensure compliance with the Generator Purchase Option") upon payment terms of this Lease. Upon expiration or termination of this Lease, unless otherwise specified by Landlord, Tenant shall return the Backup Power System and associated conduits to Landlord in the condition existing on the Lease Commencement Date, reasonable wear and tear excepted. Tenant of an amount ("shall have the right to install additional conduits and other equipment supporting the Backup Power System, and to upgrade the Backup Power System, with Landlord's Generator Payment") calculated as being ’s prior written consent, which consent shall not be unreasonably withheld, and then in compliance with all the unamortized balance (based on a straight-line amortization over twenty (20) years) terms and conditions of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:Lease.

Generator. One or more generators will be installed within the Premises as part (a) Landlord, at Landlord’s cost, shall provide Tenant with access to 250 kw of the Tenant Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors capacity from the generator into supporting Tower 3 (as the Building. The Tenant acknowledges that the Landlord will same may be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarityreplaced or upgraded with 250 kw or more of capacity, the Tenant agrees that “Tower 3 Generator”) or from another generator source, to provide back-up support for Tenant’s data center and other critical operations. If such connection shall continue capacity is provided from (x) the Tower 3 Generator, and excess capacity is available from the Tower 3 Generator in the future, Tenant shall have the first right to use any additional excess capacity as Tenant’s future needs increase, and (y) another generator source, Tenant shall have the right to request that Landlord periodically marginally upsize the generator’s capacity (but in no event that the more often than once every twenty-four (24) months), which request shall not be unreasonably withheld, conditioned or delayed, and Tenant has exercised any of its rights to cancel this lease shall pay all reasonable, direct, out-of-pocket costs in connection with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of upsize within thirty (30) days after the Commencement Date and the date on which the LSS is connected Landlord’s written demand, as Additional Rent. In any event, Tenant shall be responsible to the Generator. At the end pay Landlord, as Additional Rent, its pro rata share of the Term (as extendedreasonable, if applicable)direct, out-of-pocket costs of operating and maintaining the Tenant agrees that the applicable generator, including fuel and maintenance costs. Landlord shall have the option right, in its sole discretion, to purchase relocate any such generator. (b) Landlord shall provide a separate generator to provide life/safety and other usual backup of the Building’s systems as provided in Comparable Buildings. (c) Subject to the satisfaction of all the conditions in this Section 27, Tenant shall have the right to install in an area designated by Landlord a back-up generator (the “Generator”), which Generator shall not have a capacity in excess of 500 kw. Tenant shall not be entitled to install such Generator (i) (A) if such installation would adversely affect (or in a manner that would adversely affect) the Base Building Structure or Systems, or (B) without Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Legal Requirement, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done (which consent shall not be unreasonably withheld, conditioned or delayed). All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed). In the event the Generator is located in the parking facilities and takes up one or more parking spaces, then the amount of the Parking Rights shall be reduced by the amount of parking spaces that are used for the Generator. ("d) At all times that Tenant accesses the Generator, Tenant and its agents shall be accompanied by a representative of Landlord (except in cases of emergency or in cases where Landlord fails to identify and make available such representative on the date of such entry). (e) At all times during the Lease Term, Tenant shall maintain said Generator Purchase Option"in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building. (f) upon payment Upon thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator. Any such relocation shall be performed by Landlord at Landlord’s expense, and in accordance with all of the requirements of this Section. (g) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. (h) Landlord shall install and maintain an automatic transfer switch (the “ATS”) that shall be designed and configured to automatically connect Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior loads to the last sixty (60) days of the Term (as extended, if applicable) and applicable generator in the event that of an interruption of power to the Demised Premises. Landlord shall maintain the Tower 3 Generator, the ATS and the connections running between the Tower 3 Generator and the ATS, in good working order throughout the Term pursuant to a maintenance agreement with a third party which shall be in effect as of the Effective Date, which shall provide for a minimum amount of customary monthly testing and quarterly extended testing. Tenant will accept additional reasonable testing requirements as recommended by Landlord from time to time. Except as provided in Section 4(c) above, Tenant shall not be responsible for any of the cost of maintaining or securing the Tower 3 Generator, the ATS or any of the connections between the Generator and the ATS (including, without limitation, any of the charges under such maintenance agreement), but Tenant shall reimburse Landlord, within thirty (30) days after demand, for its pro rata share of the actual cost of fuel utilized in the operation of the generators based on Tenant’s use of the generator compared to the overall use of the generator (provided, however, if Tenant is the sole user of a generator, it is so exercised:shall pay 100% of the fuel costs utilized in the operation of such generator).