Generators. (a) Promptly following the date hereof, Landlord shall, at ▇▇▇▇▇▇▇▇’s sole cost and expense, remove the emergency Onan generator Model #12.5-JC-3CR9887AB attached to the Building. Following such removal, Section 12 of the Eighth Amendment to Lease Agreement shall be of no further force or effect. (b) Tenant shall have the right, at its sole cost and expense and subject to the terms of the Lease, to install, operate and maintain a generator (the “Generator”) in close proximity to Tenant’s existing generator, provided that (i) the design and precise location of the Generator is reasonably satisfactory to Landlord, and (ii) Tenant’s installation, operation and maintenance of the Generator is in accordance with all applicable federal, state and local laws and regulations, and the Lease. Tenant shall be solely responsible for obtaining any necessary permits and licenses required for the installation, operation and maintenance of the Generator. Prior to installation of the Generator, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation of the Generator, at Landlord’s option, Tenant shall, at Tenant’s sole cost and expense, install screening surrounding the Generator. The size, location, design and manner of the installation of the screening surrounding the Generator shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition. (c) Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the Building and/or common areas to their original condition after such removal. ▇▇▇▇▇▇ agrees, within thirty (30) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Generator and screening surrounding same from the Building or common areas, upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided herein, the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord or Landlord may remove the same. Provided Landlord removes the Generator within thirty (30) days following the expiration or earlier termination of the Lease (or within thirty (30) days after the expiration of the thirty (30) day notice period referenced above, if applicable), such removal by Landlord shall be at Tenant’s expense. Any provision in the Lease notwithstanding, Tenant shall indemnify and hold harmless Landlord from and against any and all liability for any loss of or damage or injury to any person (including death resulting therefrom) or property arising from the Generator and screening surrounding same.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)
Generators. (a) Promptly following the date hereof, Landlord shallTenant, at ▇▇▇▇▇▇▇▇’s its sole cost and expense, remove may operate, maintain and repair up to two diesel-fueled generators (individually, a “Generator” and collectively, the emergency Onan generator Model #12.5-JC-3CR9887AB “Generators”) of specifications approved by Landlord in the locations (the “Generator Areas”) shown on EXHIBIT “J” attached hereto and made a part hereof, subject to the Building. Following such removalfollowing conditions and obligations:
(a) Tenant will comply with Landlord’s reasonable directives and all Laws relating to the installation, Section 12 operation, maintenance and repair of the Eighth Amendment Generators, including, but not limited to Lease Agreement shall (i) obtaining and maintaining, or causing to be obtained and maintained, all applicable permits required for the installation, operation, maintenance and repair of no further force the Generators, (ii) implementing a Spill Prevention Control and Countermeasures Plan (as required by federal, state, or effectlocal regulations) or best management practices plan, (iii) providing evidence of financial responsibility or insurance covering the Generators, and (iv) maintaining and inspecting the Generators and related equipment and keeping records related thereto. Upon Landlord’s request, Tenant will promptly provide Landlord with copies of all records relating to the installation, operation, maintenance and repair of the Generators.
(b) Tenant shall have may not use the right, at its sole cost Generators for any purpose other than in connection with the use and expense and subject to the terms operation of the Lease, to install, operate and maintain a generator (the “Generator”) in close proximity to Tenant’s existing generator, provided that (i) business at the design and precise location of the Generator is reasonably satisfactory to Landlord, and (ii) Tenant’s installation, operation and maintenance of the Generator is in accordance with all applicable federal, state and local laws and regulations, and the Lease. Tenant shall be solely responsible for obtaining any necessary permits and licenses required for the installation, operation and maintenance of the Generator. Prior to installation of the Generator, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation of the Generator, at Landlord’s option, Tenant shall, at Tenant’s sole cost and expense, install screening surrounding the Generator. The size, location, design and manner of the installation of the screening surrounding the Generator shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly conditionPremises.
(c) Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the Building and/or common areas At any time prior to their original condition after such removal. ▇▇▇▇▇▇ agrees, within thirty (30) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Generator and screening surrounding same from the Building or common areas, upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided herein, the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord or Landlord may remove the same. Provided Landlord removes the Generator within thirty (30) 90 days following the expiration or earlier termination of the Lease (or within thirty (30) days after the expiration of the thirty (30) day notice period referenced abovethis Lease, if applicable)Landlord may, such removal by Landlord shall be at Tenant’s cost and expense, perform an environmental investigation to determine whether a release has occurred. Landlord and Tenant acknowledge and agree that the Generators are the personal property of Tenant. Prior to the expiration or earlier termination of this Lease, unless otherwise agreed in writing by Landlord and Tenant, Tenant will remove the Generators in accordance with all Laws and promptly repair any damage to the Premises or the Property caused by the installation, operation and removal of the Generators, including any environmental remediation, all at Tenant’s sole cost and expense.
(d) Tenant will immediately report to Landlord any spill or release and any citations or notices of violation and will provide Landlord with copies thereof. Such notification will not relieve Tenant from its obligations to notify governmental agencies. Any cleanup or remediation of any spill or release or otherwise required by any governmental agency will be completed by Tenant in accordance with Laws and in a manner and to a level satisfactory to Landlord in its sole discretion.
(e) This provision in does not modify Tenant’s use of the Lease notwithstandingPremises permitted by Section 4.1 of this Lease, and does not relieve Tenant shall indemnify of any environmental liability under this Lease.
(f) Landlord may make periodic inspections to ensure regulatory compliance and hold harmless Landlord from the proper operation, maintenance and against any and all liability for any loss repair of or damage or injury to any person (including death resulting therefrom) or property arising from the Generator and screening surrounding sameGenerators.
Appears in 1 contract
Generators. (a) Promptly following the date hereof, Landlord shall, at ▇▇▇▇▇▇▇▇’s sole cost and expense, remove the emergency Onan generator Model #12.5-JC-3CR9887AB attached Subject to the Building. Following such removalprovisions of this Section 1.4, Section 12 of the Eighth Amendment to Lease Agreement shall be of no further force or effect.
(b) Tenant shall have the right, at its sole cost and expense and subject to the terms of the Lease, to install, operate and maintain a generator (the “Generator”) in close proximity to Tenant’s existing generator, provided that (i) the design and precise location of the Generator is reasonably satisfactory to Landlord, and (ii) Tenant’s installation, operation and maintenance of the Generator is in accordance with all applicable federal, state and local laws and regulations, and the Lease. Tenant shall be solely responsible for obtaining any necessary permits and licenses required for the installation, operation and maintenance of the Generator. Prior to installation of the Generator, Tenant shall, on behalf of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation of the Generator, at Landlord’s option, Tenant shall, at Tenant’s sole cost and expense, install screening surrounding to use, maintain, repair and operate the existing generators and related connections serving the Premises (the “Existing Generator”), and to install, use, maintain, repair and operate a reasonable number of additional generators and related connections serving the Premises (each, a “New Generator” and together with the Existing Generator, collectively, the “Generator”), in the location of the Existing Generators or another location designated by Landlord. In no event shall the Generator. The size, location, design and manner ’s electrical requirements exceed the available electrical capacity of the installation Building. In the event that the Generator is located in a parking space in the parking facilities, such space shall be included in Tenant’s Parking Ratio pursuant to Section 1.3, above. Landlord makes no representations or warranties regarding the suitability or condition of the screening surrounding the Existing Generator for Tenant’s particular use. Each New Generator shall be subject to the Landlord’s prior written approval of Landlordwith respect to its size and specifications, which such approval shall not to be unreasonably withheld, conditioned, or delayed. Tenant shall at all times keep the Tenant’s use of each Generator and the surrounding area in a clean and orderly condition.
(c) Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the Building and/or common areas to their original condition after such removal. ▇▇▇▇▇▇ agrees, within thirty (30) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with upon all of the terms conditions of the Lease, except as modified below:
(i) The Existing Generator shall remain the property of the Landlord and conditions set forth herein. If Tenant elects not to remove must remain at the Generator and screening surrounding same from Premises at the Building or common areas, upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided herein, the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord or Landlord may remove the sameTerm. Provided Landlord removes the Generator within thirty (30) days following At the expiration or earlier termination of the Lease the New Generator, if any, shall become the property of Landlord, unless and to the extent Landlord instructs Tenant in writing at least sixty (or within thirty (3060) days after prior to the expiration of the thirty Lease that Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of the Lease. The New Generator shall remain the property of the Tenant unless it is funded by the Finish Work Allowance (30) day notice period referenced above, if applicableas defined in Exhibit 3.1), in which case it shall be the property of the Landlord and must remain at the Premises at the expiration or earlier termination of the Term. If Landlord instructs Tenant to remove any New Generator, Tenant shall remove the applicable New Generator in accordance with the provisions of this Lease and shall repair any damage caused by such removal to Landlord’s reasonable satisfaction.
(ii) Landlord shall have no obligation to provide any services to any Generator, provided Tenant shall have the right to connect each Generator to existing base building utility systems, subject to Landlord’s right to reasonably approve such connections. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 1.4, arrange for the distribution of all utility services required for the operation of the Generator.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Existing Generator or any New Generator funded by Landlord the Finish Work Allowance without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Building, Property or Project caused by the installation, use and removal of any Generator.
(v) Except for assignees of Tenant or subtenants of all or a portion of the Premises, no other person, firm or entity shall have the right to connect to any Generator other than Tenant.
(vi) To the maximum extent permitted by law, Tenant’s use of any Generator shall be at the sole risk of Tenant’s expense. Any provision , and Landlord shall have no liability to Tenant in the event that any Generator is damaged for any reason.
(vii) Tenant shall, in connection with its installation, shield each New Generator from the view of other buildings in the Project and otherwise in compliance with applicable Town of Norwood requirements (the parties acknowledging that the Existing Generator is already screened by fencing).
(viii) In addition to the indemnification obligations of Tenant set forth in this Lease notwithstandingincluding those contained in Section 9.4, below, Tenant shall, to the maximum extent permitted by law and except to the extent arising from the negligence or willful misconduct of Landlord or any Landlord Parties (as defined below), indemnify, defend and hold Landlord and the Landlord Parties harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation or other entity arising from the installation, use or removal of any Generator. Tenant shall, at its sole cost and expense, secure the approvals of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals for any Generator (other than the permits related to the Existing Generator for the period prior to the Term), and shall provide Landlord with copies of such approvals and permits prior to commencing any work with respect thereto. In addition, Tenant shall indemnify be solely responsible for all costs and hold harmless Landlord from expenses in connection with the installation, maintenance, and against use of any and all liability for any loss of or damage or injury to any person (including death resulting therefrom) or property arising from the Generator and screening surrounding with respect to the New Generator, the installation, maintenance, use and removal of the same. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for each Generator with a service provider reasonably acceptable to Landlord. Tenant shall have access to those portions of the Building and the Property on which each Generator is located for the purposes of inspecting, repairing, maintaining and replacing the same, subject in all events to Landlord’s reasonable rules and regulations regarding such access.
Appears in 1 contract
Sources: Lease (Organogenesis Holdings Inc.)
Generators. (a) Promptly following the date hereof, Landlord shall, at ▇▇▇▇▇▇▇▇’s sole cost and expense, remove the emergency Onan generator Model #12.5-JC-3CR9887AB attached Subject to the Buildingprovisions of this Section 1.4, Tenant shall maintain, repair, operate and replace when necessary the existing Building generator and related connections serving the Premises, and any replacements therefor (collectively, the “Generator”), in its current location or another location reasonably designated by Landlord. Following such removal, Section 12 Landlord makes no representations or warranties regarding the suitability or condition of the Eighth Amendment to Lease Agreement Generator for Tenant’s particular use. Tenant’s maintenance and use of the Generator shall be upon all of no further force the conditions of the Lease, except as modified below:
(i) The Generator shall remain the property of the Landlord and must remain at the Premises at the expiration or effectearlier termination of the Term. Tenant shall maintain the Generator in good working order and repair, including monitoring, servicing, maintenance, testing and inspections as required by the manufacture, Applicable Laws, and best practices for first class life science and manufacturing buildings.
(bii) Landlord shall have no obligation to provide any services to the Generator. Tenant shall have the rightright to connect the Generator to existing base building utility systems and the Existing Equipment, subject to Landlord’s right to reasonably approve such connections. Tenant shall, at its sole cost and expense and subject otherwise in accordance with the provisions of this Section 1.4, arrange for the distribution of all utility services required for the operation of the Generator.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the terms Generator without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Building, Property or Project caused by the use of the LeaseGenerator.
(v) Except for assignees of Tenant or subtenants of all or a portion of the Premises, no other person, firm or entity shall have the right to installconnect to the Generator other than Tenant.
(vi) To the maximum extent permitted by Applicable Laws, operate and maintain a generator (the “Generator”) in close proximity to Tenant’s existing generator, provided that (i) the design and precise location use of the Generator is reasonably satisfactory to Landlordshall be at the sole risk of Tenant, and (ii) Tenant’s installation, operation and maintenance of Landlord shall have no liability to Tenant in the event that the Generator is damaged for any reason.
(vii) Tenant shall, in accordance connection with any relocation or replacement of the Generator, shield the Generator from the view of other buildings in the Project and otherwise in compliance with applicable Town of Smithfield requirements.
(viii) In addition to the indemnification obligations of Tenant set forth in this Lease including those contained in Section 9.4, below, Tenant shall, to the maximum extent permitted by law and except to the extent arising from the negligence or willful misconduct of Landlord or any Landlord Parties (as defined in Section 6.6 below), indemnify, defend and hold Landlord and the Landlord Parties harmless from any and all applicable federalclaims, state losses, demands, actions or causes of actions suffered by any person, firm, corporation or other entity arising from the installation, use or removal of the Generator. Tenant shall, at its sole cost and local laws expense, secure the approvals of all governmental authorities and regulationsall permits required by governmental authorities having jurisdiction over such approvals for the Generator during the Term, and the Leaseshall provide Landlord with copies of such approvals and permits prior to commencing any work with respect thereto. In addition, Tenant shall be solely responsible for obtaining any necessary permits all costs and licenses required for expenses in connection with the installationmaintenance, operation use, and maintenance replacement of the Generator. Prior to installation of the GeneratorIn connection therewith, Tenant shall, on behalf of the installer, shall provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation evidence on an annual basis of the Generator, at Landlord’s option, Tenant shall, at Tenant’s sole cost existence of a maintenance contract for the Generator with a service provider reasonably acceptable to Landlord and expense, install screening surrounding the Generator. The size, location, design and manner shall provide Landlord with copies of the installation maintenance records for the Generator annually and upon request. To the extent the Generator is located outside of the screening surrounding the Generator shall be subject to the written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition.
(c) Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the Building and/or common areas to their original condition after such removal. ▇▇▇▇▇▇ agrees, within thirty (30) days after written notice from Landlord, to remove the Generator and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant elects not to remove the Generator and screening surrounding same from the Building or common areas, upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided herein, the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord or Landlord may remove the same. Provided Landlord removes the Generator within thirty (30) days following the expiration or earlier termination of the Lease (or within thirty (30) days after the expiration of the thirty (30) day notice period referenced above, if applicable), such removal by Landlord shall be at Tenant’s expense. Any provision in the Lease notwithstandingPremises, Tenant shall indemnify have access to those portions of the Building and hold harmless Landlord from and against any and all liability for any loss of or damage or injury to any person (including death resulting therefrom) or property arising from the Property on which the Generator is located for the purposes of inspecting, repairing, maintaining and screening surrounding replacing the same, subject in all events to Landlord’s reasonable rules and regulations regarding such access.
Appears in 1 contract
Generators. 52.1 Subject to (ai) Promptly following Tenant’s compliance with all applicable Legal Requirements, (ii) the date hereoffurther restrictions (if any) set forth in this Section 55.1, Landlord shall, at ▇▇▇▇▇▇▇▇and (iii) Landlord’s sole cost and expense, remove the emergency Onan generator Model #12.5-JC-3CR9887AB attached prior written consent as to the Building. Following such removallocation, Section 12 type of the Eighth Amendment to Lease Agreement fuel tank and/or generator, and method of installation, which consent shall not be of no further force unreasonably withheld, conditioned or effect.
(b) delayed, Tenant shall have the rightexclusive right of access to and use of a space for the placement, at its sole cost use, operation, maintenance, repair and expense and subject to the terms replacement of the Leaseone or more emergency generators (collectively, to installwhether one or more, operate and maintain a generator (the “Generator”) and related above-ground fuel tank (the “Generator Fuel Tank”) on the Land immediately adjacent to the Building, in close proximity a location approved by Landlord or shown on the Construction Documents (such area, the “Generator Area”) pursuant to plans and specifications reasonably approved by Landlord. The foregoing right is collectively referred to herein as Tenant’s existing generator“Generator Use”. Tenant further covenants to engage in such Generator Use (1) in a manner which is in compliance with all (and does not violate any) applicable Legal Requirements, provided that including all applicable Environmental Laws, (i2) in a manner so as not to create any hazardous condition or interfere with or impair the design and precise location operation of any Building Systems; (3) in such a manner as will not directly or indirectly interfere with, delay, restrict or impose any expense, work or obligation upon Landlord in the use or operation of the Generator is reasonably satisfactory to LandlordBuildings (unless, and (ii) Tenant’s installation, operation and maintenance solely in the case of the Generator is in accordance with all applicable federal, state and local laws and regulations, and the Lease. Tenant shall be solely responsible for obtaining any necessary permits and licenses required for the installation, operation and maintenance of the Generator. Prior to installation of the Generatoradditional expenses associated therewith, Tenant shall, on behalf pays the full amount of the installer, provide Landlord with a certificate of insurance reasonably satisfactory to Landlord. In addition, prior to installation of the Generator, at such additional expenses within thirty (30) days after Landlord’s option, Tenant shall, written demand); and (4) at Tenant’s sole cost and expense, install screening surrounding including the Generatorcost of repairing all damage to the Building and any costs associated with any personal injury and/or property damage attributable to the installation, inspection, adjustment, maintenance, removal or replacement of any equipment or apparatus on the roofs approved hereunder (but excluding any death or injury to persons or property damage caused by Landlord’s negligence or willful misconduct). The size, location, design and manner Tenant’s Generator Use shall be deemed a Specialty System under this Lease irrespective of whether the same is installed prior to or after the Commencement Date for the first phase of the Premises, and irrespective of whether the same is installed by Landlord or by Tenant.
52.2 If the rate of any insurance carried by Landlord is increased as a result of Tenant’s installation of the screening surrounding the Generator shall be subject and/or Generator Fuel Tank, then Tenant will pay to the written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall at all times keep the Generator and the surrounding area in a clean and orderly condition.
(c) Tenant shall be responsible for all costs of removal of the Generator and the screening surrounding the Generator. Tenant shall also be responsible for all costs associated with restoring the Building and/or common areas to their original condition after such removal. ▇▇▇▇▇▇ agrees, Landlord within thirty (30) days after written notice Landlord delivers to Tenant a certified statement from Landlord’s insurance carrier stating that the rate increase was caused thereby, a sum equal to the difference between the original premium and the increased premium resulting therefrom.
52.3 The determination of a suitable area for the installation of Tenant’s Generator and Generator Fuel Tank shall be made within the process of reaching final agreement on Construction Drawings pursuant to Exhibit C. Tenant shall be responsible for any and all costs associated with the purchase, installation and connection to the Premises of such Generator and Generator Fuel Tank, including any rough-in, conduit installation, equipment costs, installation costs, permitting fees, and the like, provided that the same will be performed by the TI GC as part of Landlord’s TI Work to the extent shown on the Construction Documents. The foregoing notwithstanding, to remove the extent screening or other similar aesthetic features are required to be installed as a result of the application of the Declaration (or actions of the architectural review board thereunder) or due to any such requirement imposed by Landlord, within the area within which the Generator and screening surrounding same Generator Fuel Tank are installed, the costs associated with such installation shall be borne by Tenant.
52.4 Landlord will, at Landlord’s sole expense, obtain any and all necessary licenses, approvals, permits, etc., necessary for the construction of the generator pad and enclosures associated with Tenant’s Generator Use. Except to the extent shown on the ConstructionDrawings in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply connection with the terms stated herein. Such removal initial installation thereof (in which event the administrative responsibility for obtaining the same shall be in accordance borne by Landlord and/or the TI GC, with all the costs associated therewith, if any, to be paid as part of the terms TI Costs), Tenant will obtain, prior to installation, any and conditions set forth hereinall other necessary licenses, approvals, permits, etc., necessary for the installation, maintenance and use of the Generator, and Generator Fuel Tank, and any other equipment or facilities installed pursuant to this Section 52. If Tenant’s violation of any of its covenants in this Section 52 shall be subject to the indemnification provisions of Section 20 and Section 5.2.3 of this Lease. Without limiting the foregoing, the use by Tenant elects not to remove of the Generator and screening surrounding Generator Fuel Tank shall be deemed to constitute the authorized use, storage and (as applicable) disposal of Permitted Materials by Tenant, and Tenant shall be responsible for its acts in connection therewith pursuant to the various covenants governing Hazardous Materials and Permitted Materials under Article 5 of this Lease, as if such covenants are fully restated in this Section 52.
52.5 Tenant shall maintain any Generator and/or Generator Fuel Tank installed pursuant to this Section 52 in good condition and repair, and will remove same from and restore the Building Property and generator pad areas to their pre-existing condition upon the earlier to occur of (A) the removal or common areas, upon expiration or earlier termination cessation of operation of the Lease, or after expiration of the thirty (30) day notice period provided herein, devices which the Generator and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord Generator Fuel Tank are intended to support, or Landlord may remove the same. Provided Landlord removes the Generator within thirty (30B) days following the expiration or earlier termination of this Lease. Such use shall be confined solely to the Lease (or within thirty (30) days after the expiration ordinary course of Tenant’s business operations.
52.6 In connection with Tenant’s use of the thirty (30) day notice period referenced Generator and Generator Fuel Tank, and subject to the above, if applicable), such removal by Landlord shall be at -stated responsibilities of Tenant’s expense. Any provision in the Lease notwithstanding, Tenant shall indemnify and hold harmless Landlord from and against any and all liability for any loss of or damage or injury have the right to any person (including death resulting therefrom) or property arising from operate the Generator at such intervals and screening surrounding samefor such periods of time as may be recommended by or required by the manufacturer of such generator, or at such other intervals as Tenant deems necessary in its reasonable judgment provided (i) Tenant will provide notice to Landlord of the scheduled times for regular testing and operation, (ii) Tenant will use all reasonable and diligent efforts to perform any such testing or periodic operation outside of Business Hours (it being acknowledged by Landlord that certain testing and operation will necessarily take place during peak operational periods, which may include during Business Hours), and (iii) such testing will be performed in a manner reasonably calculated to minimize any inconvenience to tenants and occupants of the Project.
Appears in 1 contract