UPS System. Landlord agrees that Tenant, at its sole cost and expense, and subject to compliance with the provisions of this Section 10.11, shall have the right to install and operate during the term an emergency electrical generator fueled by natural gas (which is separately metered to the Premises and paid for directly by Tenant to the gas supplier) on the Property in the location shown on Exhibit G attached hereto, and to run cables and lines from the generator to the Premises using the common shafts, chases, and conduits of the Building intended for such purpose to the extent that the same may be available after meeting Landlord’s requirements for the Building, (the emergency generator and associated conduit, cables and lines (both interior and exterior) are hereinafter referred to collectively as the “UPS System”). The UPS System shall provide emergency back-up power to the Premises only, and no other party shall make use of the UPS System. {B2323618; 13} Tenant shall prepare plans and specifications for the UPS System in accordance with the requirements of Exhibit C, which plans and specifications shall be subject to review and approval by Landlord as provided in Exhibit C; provided, however, that Landlord hereby approves the specifications attached hereto as Exhibit G-1; provided further however, that notwithstanding such specifications the UPS System shall be fueled by natural gas. Upon final approval by Landlord of Tenant’s plans for the UPS System, Tenant may install the UPS System in accordance with the requirements of Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease including, without limitation, those of Subsection 6.2.5. Landlord shall have no obligation or make any alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of the UPS System. During the term, Tenant, at its sole cost and expense, shall performs all repairs and maintenance required to keep the UPS System in good working order, appearance and condition, and Tenant shall promptly repair any damage to the Building or Property caused by the installation or operation of the UPS System. Tenant shall operate the UPS System in compliance with all applicable codes, laws, rules and regulations. Tenant may not relocate the UPS System and Tenant may not modify any portion of the UPS System without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification. All components of the UPS System shall be at the sole risk of Tenant and Landlord shall have no liability to Tenant in the event any portion of the UPS System is damaged for any reason. Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove the entire UPS System (except that Landlord shall have the right to require Tenant to leave any cabling, wires or conduit installed within the Building), repair any damage caused by such removal, and restore the area outside the Building where the generator were located to a condition substantially the same as existed prior to the installation of the UPS System. Tenant agrees that its obligations hereunder shall be subject to the provisions of Subsection 6.1.9, including all of Landlord’s rights and remedies. Landlord reserves the right, upon reasonable notice to Tenant, to require Tenant to relocate the UPS System or any of its constitute components, at Tenant’s sole cost and expense, if necessary in connection with any repairs, renovations, improvements or additions to the Building or Property. In addition, Landlord reserves the right to require Tenant to relocate the generator to another portion of the Property designated by Landlord for any other reason in Landlord’s sole discretion, provided such other portion of the Property is adequate for Tenant’s purposes and Landlord pays the reasonable costs of relocating the generator. Tenant agrees that Landlord may require Tenant to paint the generator in a color selected by Landlord and/or install screening and/or landscaping in order to camouflage these exterior components of the UPS System.
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Sources: Lease Agreement (Pc Tel Inc)
UPS System. Landlord agrees that TenantThroughout the Term, at its sole cost and expense, and subject to compliance with the provisions of this Section 10.11, Tenant shall have the right to install and operate during the term an emergency electrical generator fueled by natural gas (which is separately metered to the Premises and paid for directly by Tenant to the gas supplier) on the Property in the location shown on Exhibit G attached hereto, and to run cables and lines from the generator to the Premises using the common shafts, chases, and conduits of the Building intended for such purpose to the extent that the same may be available after meeting Landlord’s requirements for the Building, (the emergency generator and associated conduit, cables and lines (both interior and exterior) are hereinafter referred to collectively as the “UPS System”). The UPS System shall provide emergency backnon-up power to the Premises only, and no other party shall make use of the UPS System. {B2323618; 13} Tenant shall prepare plans and specifications for the UPS System in accordance with the requirements of Exhibit C, which plans and specifications shall be subject to review and approval by Landlord as provided in Exhibit C; provided, however, that Landlord hereby approves the specifications attached hereto as Exhibit G-1; provided further however, that notwithstanding such specifications the UPS System shall be fueled by natural gas. Upon final approval by Landlord of Tenant’s plans for the UPS System, Tenant may install the UPS System in accordance with the requirements of Exhibit C, any requirements of Landlord’s insurance carrier(s), and all other applicable provisions of this Lease including, without limitation, those of Subsection 6.2.5. Landlord shall have no obligation or make any alterations, repairs or replacements to any portion of the Building or Property in order to accommodate the installation or operation of the UPS System. During the term, Tenant, at its sole cost and expense, shall performs all repairs and maintenance required to keep the UPS System in good working order, appearance and condition, and Tenant shall promptly repair any damage to the Building or Property caused by the installation or operation of the UPS System. Tenant shall operate the UPS System in compliance with all applicable codes, laws, rules and regulations. Tenant may not relocate the UPS System and Tenant may not modify any portion of the UPS System without, in each instance, obtaining Landlord’s prior written approval to such relocation or modification. All components of the UPS System shall be at the sole risk of Tenant and Landlord shall have no liability to Tenant in the event any portion of the UPS System is damaged for any reason. Tenant shall, prior to the expiration or earlier termination of the term of this Lease, remove the entire UPS System (except that Landlord shall have the right to require Tenant to leave any cabling, wires or conduit installed within the Building), repair any damage caused by such removal, and restore the area outside the Building where the generator were located to a condition substantially the same as existed prior to the installation of the UPS System. Tenant agrees that its obligations hereunder shall be subject to the provisions of Subsection 6.1.9, including all of Landlord’s rights and remedies. Landlord reserves the exclusive right, upon reasonable notice to Tenant, to require Tenant to relocate the UPS System or any of its constitute components, at Tenant’s sole cost and expense, to use, maintain and operate the uninterruptible power supply systems (the “Existing UPS System”) in the Buildings (excluding the uninterruptible power supply system located in and serving the small telephone room) as reasonably necessary to furnish the uninterruptible power supply needs for the use of the Premises, subject to all of the applicable terms, covenants and provisions of this Lease. Tenant covenants and agrees that throughout the Term, Tenant shall maintain, replace, repair and operate the Existing UPS System at the sole cost and expense of Tenant and without any charge, cost or expense to Landlord. In connection with the maintenance, replacement, repair and operation of the Existing UPS System, Tenant shall comply with all Applicable Laws and shall procure, maintain and pay for all permits and licenses required therefore, including all renewals thereof. Tenant, at Tenant’s sole cost and expense, shall promptly repair any and all damage to the Buildings and to any part of the Project caused by or resulting from the maintenance, replacement, repair, operation or removal of the Existing UPS System by Tenant pursuant to the provisions of this Section 12.8, except to the extent that such maintenance, repair, replacement, operation or removal resulted in a casualty not caused by Tenant that caused such damage. All costs (if necessary any) incurred by Landlord in connection with any repairsthe Existing UPS System, renovationsincluding, improvements or additions to without limitation, the Building or Property. In additionmaintenance and operation thereof, Landlord reserves the right to require shall be paid by Tenant to relocate the generator to another portion of the Property designated by Landlord for any other reason in Landlord, as Additional Rent, within thirty (30) days after Landlord’s sole discretiondemand therefore. LANDLORD MAKES NO WARRANTIES OF WHATSOEVER NATURE REGARDING THE EXISTING UPS SYSTEM, provided such other portion of the Property is adequate for Tenant’s purposes and Landlord pays the reasonable costs of relocating the generatorEXPRESS OR IMPLIED, IT BEING THE INTENTION OF LANDLORD AND TENANT EXPRESSLY TO NEGATE AND EXCLUDE ALL WARRANTIES AS BETWEEN LANDLORD AND TENANT. Tenant agrees that Landlord may require Tenant to paint the generator in a color selected by Landlord and/or install screening and/or landscaping in order to camouflage these exterior components of the LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR, LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH, THE USE OF, FAILURE, NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF THE EXISTING UPS SystemSYSTEM, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EXCEPT FOR ANY SUCH LOSSES, DAMAGE OR INJURY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY OF ITS AGENTS, CONTRACTORS, EMPLOYEES OR INVITEES OR LANDLORD’S FAILURE TO PERFORM OR OBSERVE ANY OF ITS OBLIGATIONS OR COVENANTS UNDER THIS LEASE.
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