Emergency Generator. Tenant shall have the right, subject to compliance with all Governmental Requirements, to install and use an emergency generator for the Demised Premises, subject to Landlord’s prior approval of the location, type, method of installation, screening, and plans and specifications therefor, such approval to be given or withheld in Landlord’s sole discretion. If Landlord approves such request, Tenant’s installation and use of an emergency generator shall be subject to the following conditions: (i) Tenant shall comply with all applicable laws and requirements in connection with the installation and operation of the emergency generator; (ii) unless the parties otherwise agree, the emergency generator shall be disconnected and removed (including any related equipment, screening, wiring, conduit or other items) by Tenant, and any damage caused by such removal shall be repaired, at Tenant’s sole cost and expense, upon surrender of the Demised Premises, and in default thereof, Landlord may effect said removal and repairs at Tenant’s expense; (iii) the use of the emergency generator shall not create any hazardous condition or interfere with or impair the operation of the Building systems or utilities or other systems or facilities for the Building; (iv) the installation and use of the emergency generator shall be at Tenant’s sole cost and expense, including the cost of repairing all damage to the Building and any personal injury and/or property damage attributable to the installation, inspection, maintenance, removal or replacement of any equipment or apparatus resulting therefrom; and (v) Tenant shall be solely responsible for any increased insurance costs incurred by Landlord due to Tenant’s use of the emergency generator. Tenant will obtain prior to installation, any and all licenses, approvals and permits required for the installation, maintenance and use of the emergency generator (and Landlord agrees to provide reasonable cooperation therewith, at no out-of-pocket expense to Landlord). Landlord shall have no repair or maintenance obligations with respect to the emergency generator. Tenant hereby agrees to indemnify, defend and hold Landlord and its employees, agents and contractors harmless from any loss, costs and damages (including reasonable attorneys’ fees and costs) suffered by Landlord, its agents, employees or contractors, as a result of any claim by a third party, its agents, employees or contractors arising from Tenant’s installation, operation, use or...
Emergency Generator. (A) Tenant shall have access to and use of the Tenant Generator Space (as defined in Exhibit N attached hereto) for the installation, use, maintenance and repair of a diesel-powered electric generator and other related equipment, including fuel tanks, fuel lines, mountings and supports (collectively, the “Tenant Generator”) for purposes of providing emergency and back-up electrical power to the Premises, all to the extent permitted by and in accordance with applicable Laws, but exclusive of any emergency power required for the base Building’s life safety systems, including base Building life safety devices required by governmental entities or agencies having jurisdiction over the Building and installed in the Premises, which installation shall be at the sole cost and responsibility of Landlord. Tenant, at its cost, shall install, maintain (in good and safe condition and repair, in compliance with all Laws), insure and remove (at the end of the Term) the Tenant Generator and shall, at its sole cost and expense, repair any and all damage caused to the Building or any equipment or property as a result of Tenant’s exercise of the rights granted in this Article 26. Tenant shall pay Rent for use of such Tenant Generator Space area at the gross rental rate (i.e., there shall be no Operating Expenses or Taxes separately payable for any such Tenant Generator Space) of $17.00 per square foot of Rentable Area thereof, increased on a cumulative, compounding basis commencing on the first day of the second Lease Year by two and one-half percent (2.5%) annually; provided that no such Rent shall be payable relative to any separate space used for housing Tenant’s fuel tank (i.e., as opposed to being used for housing the generator and other related equipment constituting the Tenant Generator hereunder). Installation of the Tenant Generator shall be performed at Tenant’s sole cost and expense in accordance with the provisions of the Workletter (if part of the Tenant Work) or Article 7. Landlord shall ensure that no equipment of Landlord or any other tenant or occupant of the Building interferes with the operation of the Tenant Generator or any equipment related thereto, and, if any such interference shall arise, Landlord shall, at no cost to Tenant, promptly remedy such interference. Landlord and Tenant agree that upon the termination of this Lease or Tenant’s right to possession hereunder, for any reason, Tenant’s rights under this Article 26 shall simultaneously terminate....
Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity to provide 4 xxxxx of electricity per rentable square foot of the Premises, and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per month as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Landlord shall, upon written request from Tenant, make available the maintenance contract and maintenance records for the emergency generators for the 12 month period immediately preceding Landlord’s receipt of Tenant’s written request. Landlord shall have no obligation to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.
Emergency Generator. Landlord acknowledges that Tenant may be -------------------- installing an emergency generator in the basement of the Building (the "EMERGENCY GENERATOR"). Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install and maintain the Emergency Generator and related fuel storage tank (without the obligation to pay Rent on the space so occupied), and connections between the Emergency Generator and Landlord's electrical systems in the Building and in the Adjacent Building and, all in compliance with all applicable law. Such Emergency Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Project. Tenant shall be entitled to operate the Emergency Generator and such connections to the Adjacent Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Emergency Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's Systems and Equipment are not materially and adversely -49- TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] affected by the installation and operation of the Emergency Generator. The cost of design (including engineering costs) and installation of the Emergency Generator and the costs of the Emergency Generator itself shall be Tenant's sole responsibility, but may, at Tenant's option, be a charge to the Tenant Improvement Allowance. All repairs and maintenance of the Emergency Generator shall be the sole responsibility of Tenant, and Landlord makes no representation or warranty with respect to such Emergency Generator. At Landlord's option, Landlord may require that Tenant remove the Emergency Generator and all related facilities upon the expiration or earlier termination of this Lease and the Adjacent Building Lease and repair all damage to the Project resulting from such removal, at Tenant's sole cost and expense. Notwithstanding the foregoing, at such time as this Lease is no lon...
Emergency Generator. A. Tenant, subject to Landlord’s review and approval of Tenant’s plans therefore, shall have the right to install a 120-240 kilowatt supplemental generator (the “Generator”) to provide emergency additional electrical capacity to the Premises during the Term. The Generator shall be placed in the Building’s parking garage at the location outlined on Exhibit H attached hereto and made a part hereof (the “Generator Area”). Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator 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 Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any 2 hour rated enclosures or sound installation required by applicable Law. Landlord shall have the right to require that Tenant install and maintain a chain-link fence around the Generator that is reasonably acceptable to Landlord. 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. Tenant shall not install or operate the Generator 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. 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. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before April 1, 2006, Tenant shall pay to Landlord the prevailing monthly rate for the parking spaces included (in whole or in part) in the Generator Area for the period commencing on such date and expiring on the date on which such installation occurs. In addition, if, after installing the Generator, Tenant removes the Generator from the Generator Area for more than 90 days for reasons other than the repair and replacement of the Generator, Tenant’s right to install and maintain the Genera...
Emergency Generator. Subject to Tenant's compliance with all Applicable Laws and Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to install, at Tenant's sole cost and expense, an above-ground emergency generator (as a Miscellaneous Common Area Item) for Tenant's use in the Building. Such emergency generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Building. Tenant shall be entitled to operate the emergency generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Landlord's consent to Tenant's plans for the emergency generator may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the systems and equipment of the Building are not adversely affected. Any repairs and maintenance of such generator shall be the sole responsibility of Tenant. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant's sole cost and expense, remove the emergency generator and all associated cabling and wiring and repair all damage resulting from such removal. Landlord makes no representation or warranty with respect to the emergency generator or its suitability for use by Tenant and Article 10 of the Lease shall apply with respect to Tenant's use, maintenance, repair and operation of the emergency generator.
Emergency Generator. Landlord hereby agrees that, subject to this Section 24.30, Tenant’s compliance with all applicable laws and all recorded covenants, conditions and restrictions affecting the Project, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expense, to install one (1) back-up emergency generator on the pad outside the Building in the location depicted on Exhibit H attached hereto (the area upon which such generator shall be located shall be referred to herein as the “Generator Site”). Such generator shall be of such size and specifications, and include such platforms, fencing, enclosures, sheds and other related materials and equipment, as shall be approved by Landlord prior to installation (collectively, the “Emergency Generator”), which approval shall not be unreasonably withheld. In addition, Tenant shall have the right to install such connection equipment, such as conduits, cables, risers, feeders and materials (collectively, the “Generator Connecting Equipment”) in the shafts, ducts, conduits, chases, utility closets and other facilities of the Building as is reasonably necessary to connect the Emergency Generator to Tenant’s other machinery and equipment in the Premises, subject, however, to the provisions of Section 24.30.2 below. Subject to Section 24.30.3 below and all of the terms and conditions of this Lease, and subject to all Laws and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per day, seven (7) days per week to the areas where the Emergency Generator and/or any Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.
Emergency Generator. A. Without waiver of the provisions of the first paragraph of this Section 6.2.5, Tenant shall have the right, at its sole expense, to install, maintain, repair, replace and operate an emergency generator having a capacity no greater than what is then permitted by the applicable local building code (the generator is referred to as the “Generator”) in a mutually acceptable location on the roof of the Building (the “Generator Area”), provided Tenant shall promptly repair any damage caused to the Building caused by reason of such installation and operation. Tenant shall not install the Generator in the Generator Area without Landlord’s prior approval of the manner of and the plans and specifications for such installation and screening if reasonably required by Landlord. If such installation shall result in an increase in premiums for Landlord’s insurance coverage for the Building, then Tenant shall be liable for the increase as Additional Rent hereunder. The installation, maintenance and operation of the Generator shall be at Tenant’s sole cost and expense, and shall be performed in accordance with all applicable laws and requirements of applicable governmental authorities, and otherwise in accordance with the terms of this Lease.
Emergency Generator. Tenant shall have the right (but only to the extent permitted by the City of San Mateo and all agencies, governmental and quasi-governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to install and operate one (1) emergency electrical generator (each, a “Generator”) along with all associated equipment, including fuel tanks and any necessary cables (“Generator Associated Equipment”), to serve the Premises, in areas designated by Landlord (the “Generator Space”) for the Term of this Lease (the Generator and Generator Associated Equipment are hereinafter collectively referred to as the “Generator Equipment”). The manufacturer, the type, size, and quality of the Generator Equipment, the substance to be stored in the Generator, all safety and monitoring, equipment, the method and manner of installation, and all other matters material to the installation of the Generator Equipment, including, without limitation, all Building penetrations, are subject to Landlord’s prior written approval; provided, however, that all of the Generator Equipment and any modifications thereto or placement thereof shall be (i) at Tenant’s sole cost and expense, (ii) installed and operated to Landlord’s reasonable specifications and supervision or review, and (iii) installed, maintained, operated and removed in accordance with all Recorded Documents and Applicable Laws. The Generator Equipment shall remain the property of Tenant and Tenant shall remove the Generator Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Generator Space and any other portion of any Building affected by the Generator Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to Casualty. Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Generator Equipment except together with any assignment or sublease of the Premises as more particularly set forth in Paragraph 14. Each of the other provisions of this Lease shall be applicable to the Generator Equipment and the use of the Generator Space by Tenant, including without limitation, Paragraph 4.4 [Hazardous Materials], Paragraph 8[Insurance and Indemnification], 9 [Waiver of Subrogation] and of this Lease. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs...
Emergency Generator. A. In addition to Tenant’s rights under ARTICLE 44 of this Lease, Landlord hereby grants to Tenant the right to install in a location or locations (collectively “Location”) in the lower level of the Building mutually agreeable to Landlord and Tenant, a standby generator and related equipment. The generator and such equipment installed by Tenant, together with the equipment already referred to in said ARTICLE 44, shall be included in the definition of Equipment for all purposes of this Lease. Notwithstanding anything elsewhere in this Lease to the contrary, the generator and related equipment need not be removed by Tenant prior to the Termination Date but shall be removed by Tenant no later than the Termination Date. Obligations with respect to removal shall survive any termination of this Lease.
