Common use of Back-up Generator Clause in Contracts

Back-up Generator. A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a natural gas back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. At any time during the Term, Tenant shall be permittedhave the right to install in the Parking Garage (as defined in Exhibit B), at its sole cost and expensea location reasonably designated by Landlord, to install, connect to the Building, operate and maintain and exclusively use for Tenant’s own benefit, a natural gas back-up electrical diesel backup generator, the size and location to be consented to by Landlord (the generator and all related equipment switching gear, conduit any substitutions and equipment mounts (collectively, replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) screened from public view to be located in a location in solely responsible for the Complex mutually agreed upon by Landlord and Tenant. The installation of the Backup Generator shall and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be subject to all conditions solely responsible for the maintenance, replacement (if necessary) and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expenserepair, and to install its own generator providing back-up power to appearance of the Common Areas Backup Generator, in a manner consistent with a Class A building and emergency lighting parking garage, and insuring it in the Complex in manner required by this Lease; (iii) disconnect the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Backup Generator from the central tank at Premises and remove it from the Building which rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything access to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Backup Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for an emergency affecting the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Backup Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator.; E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit Cvii) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold harmless Landlord from any damage or liability arising from the Landlord Parties harmless from and against all Claims and liabilities Backup Generator (expressly including any spills of every kind or nature related to the existence and operation of the Generatorgenerator fuel), except to the extent that such claims and liabilities are the result of damage or liability is caused by the gross negligence or willful misconduct of any Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part of the Landlord PartiesImprovements subject to the Allowance described in Article 22.00 above. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Subject to the terms and conditions of this Paragraph 46 and Paragraph 6 above, and so long as the Tenant under this Lease is in occupancy and possession of the entire Premises, upon no less than thirty (30) days’ prior written notice to Landlord, Tenant shall be permittedhave the right, at its sole cost and expense, to install, connect to in such exterior area of the BuildingProject as may be designated by Landlord (in Landlord’s reasonable discretion), operate and maintain an uninterrupted power supply system, consisting of a natural gas back-up electrical diesel generator and diesel fuel storage tank (such generator, together with any and all related equipment switching gear, conduit cabling and equipment mounts (collectivelyrelating thereto, shall be collectively referred to as the “Generator”) screened from public view ), to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expense, and to install its own generator providing back-up power supply electricity to the Common Areas and emergency lighting Premises during any interruption in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. The fuel storage tank described in the preceding sentence shall be double-lined, vented and shall be equipped with leak detection alarms and otherwise acceptable to Landlord, in its reasonable discretion. Prior to installing a Generator, Tenant shall be permitted first submit plans and specifications therefor for Landlord’s approval. Landlord may require as a condition of its approval of the plans and specifications for the Generator, among other things, that Tenant install such protective modifications to periodically test the area where the Generator is located as Landlord deems necessary to confirm that it is prevent or contain any release or spill of Hazardous Materials (as defined in good working orderParagraph 6.4 above). The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation location of the Generator shall comply provide a readily accessible path for fresh air, exhaust and electrical feeders, and otherwise be acceptable to Landlord, in Landlord’s reasonable discretion. Tenant shall install the Generator at its sole cost and expense in a good and workmanlike manner in accordance with any and all applicable provisions laws, statutes, codes and ordinances of applicable governmental agencies. Tenant shall operate the Generator in accordance with Paragraph 6 of this Lease AgreementLease, all applicable Laws relating to Hazardous Materials, and all other applicable laws, statutes, codes and regulations of applicable governmental authorities. In no event furtherance of the preceding sentence, but without limiting the generality thereof, Tenant shall not install and/or operate the maintenance, use Generator unless and until Tenant shall have obtained and provided Landlord with copies of (A) all permits and other governmental approvals required for the installation and/or operation of the Generator interfere Generator, including, without limitation, all necessary permits required by the City of San ▇▇▇▇, the Bay Area Air Quality Management District, State of California and all other applicable governmental authorities and (B) a “Hazardous Materials Data Sheet,” or similar submittal, filed with any the City of the systems of the Building. Tenant shall comply with all laws applicable to San ▇▇▇▇ for the use and operation of the Generator. Tenant shall be responsible, at Tenant’s sole cost and expense, for the installation of any electrical and/or water connections between the Generator and the Premises. If, after the initial installation of the Generator, Tenant modifies and/or replaces the same, then, unless otherwise directed by Landlord by written notice to Tenant given not less than thirty (30) days prior to the expiration of the term of this Lease (as the same may be extended), Tenant shall, at Tenant’s sole cost and expense, remove such modified and/or replaced Generator (it being the intent of the parties that, in accordance with Paragraph 13 above, Tenant shall not be obligated to remove the initially-installed Generator) and restore the area where such modified and/or replaced Generator is located to the condition that existed prior to, as applicable, such modification of the original Generator, or the installation of the replacement Generator, in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. Tenant acknowledges that Landlord has no obligation to protect, secure, install, construct, maintain, repair, insure or, subject to the terms and conditions of Paragraph 13 and this Paragraph 46 above, remove the Generator (and/or any component and/or element thereof), and/or incur any cost, expense and/or liability in connection therewith, and Tenant hereby assumes all such cost, expense and/or liability relating thereto, including, without limitation, the risk of loss or damage to or from the Generator, from any cause. Tenant shall be solely responsible for obtaining any and all licensescost and/or expense associated with the Generator, permits and approvals including, without limitation, with respect to the procurement, installation (including the rental of space required for the installation thereof), operation, repair, replacement and, subject to the terms and conditions of Paragraph 13 and this Paragraph 46 above, removal thereof. Tenant shall pay directly to the taxing authority any taxes or fees imposed upon Tenant’s ownership, operation, maintenance and use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Subject to compliance with Legal Requirements, Tenant shall be permittedmay (until the earlier of the expiration or earlier termination of the Lease Term), at its Tenant's sole cost and expense, to install, connect subject to the Buildingprovisions of this Lease, operate and maintain a natural gas install [***] ([***]) or more back-up electrical generator and all related equipment switching gear, conduit and equipment mounts generators (collectively, “Generator”) screened from public view the "Generators"), at locations within or outside the Premises to be located in a location in the Complex mutually agreed upon by Landlord the parties (and pursuant to plans and specifications approved in advance by Landlord, which approval shall not be unreasonably withheld, including as to the make and model of the Generators) for Tenant’s exclusive use. The Generators, and Tenant. The installation of the Generator 's rights with respect thereto, shall be subject to the additional following terms and conditions: (a) Tenant shall pay Landlord, within [***] ([***]) days after demand, all conditions actual out-of-pocket costs and requirements as provided expenses reasonably incurred by Landlord for any architectural, engineering, supervisory in Section 10 hereof. Landlord reserves connection with the right to relocate the Generator from time to time at Generators, including, without limitation, Landlord's review of the plans and specifications for the Generators; provided, however, if the Generators are approved and installed as part of the initial Tenant Improvements (as described in Exhibit C), then Tenant shall pay the project management fee referenced in the Work Letter attached hereto as Exhibit C, but shall not additionally be required to reimburse Landlord costs under this Section 46. All costs and expenses associated with the Generators, including, without limitation, all costs and expenses relating to soundproofing, screening, compliance with all Legal Requirements, rules, regulations and ordinances, safety, protection of property, installation, noise reduction, environmental monitoring and remediation, maintenance, repairs, replacements and removal, in each case to the extent reasonably necessary, shall be paid for by Tenant, promptly upon demand, at Tenant's sole cost and expense; without limiting the other terms of this Lease, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Landlord may require that Tenant implement, at Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but any or all of the foregoing items set forth in this sentence (i.e., soundproofing, screening, etc.) as Landlord reasonably deems appropriate. Tenant shall deliver to Landlord full and complete plans and specifications with respect to the diesel fuel drawn from same by Tenant Generators, which shall be subject to the prior written approval of Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord's review of such plans and specifications shall be for its own benefit only, and Landlord shall have no liability to Tenant in connection with such review. Tenant shall ensure that the Generators comply at Tenant’s sole cost all times with Landlord's commercially reasonable rules and expense based on regulations that Tenant has received written notice of, and with all Legal Requirements, in all respects. Tenant shall ensure that the presence and use of the Generators does not unreasonably disturb or unreasonably interfere with any adjacent properties (or their owners or occupants) and does not create a meter nuisance or unreasonably interfere with any other tenants of the Premises (also to be installed and maintained at Tenant’s sole cost and expense)if any) or Landlord's activities in the Premises. Notwithstanding anything to the contrary contained Except as otherwise set forth herein, in no event the Generators (and each element thereof) shall be considered a "Tenant-Made Alteration" under this Lease (and shall accordingly be subject to all of the terms of Paragraph 12 of this Lease, except that Tenant shall be permitted required to install or maintain remove the Generators on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon before the expiration or earlier termination of the Lease Term, and Tenant, at its sole expense, shall repair any and all damage caused by such removal on or before the expiration or earlier termination of the Lease Term). Without limiting the foregoing, Landlord shall have the right, at any time in the case of emergency and upon reasonable prior notice and affording Tenant an opportunity to have a representative present at other times, to have access to the Generators, and may take whatever reasonable steps Landlord deems advisable to protect the Premises and Landlord's interest therein in connection therewith. (b) Tenant agrees to have its commercial general public liability insurance insure against all Claims related to the Generators in the amounts and in accordance with the terms set forth in this Lease Agreement, Lease. (c) Tenant's indemnification of Landlord and the Landlord Indemnities pursuant to Paragraph 18(a) above shall apply fully with respect to any and all Claims arising out of or at such time as Tenant decides that it no longer wishes to maintain in connection with the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any all damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test Premises and the Generator to confirm that it is Building contained therein arising in good working order. The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation of the Generator shall comply connection with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.the

Back-up Generator. A. As an appurtenance to the Premises, Tenant shall be permittedhave the right, upon Tenant’s request, to use up to 20KW of capacity of the emergency back-up electrical generator (the “Back-Up Generator”) currently located in the Building. If Tenant so requests, then Tenant may, at its sole cost and expense, to installtie-into the Back-Up Generator, connect subject to the Buildingreasonable rules and guidelines adopted from time to time by Landlord with respect thereto, operate and maintain a natural gas back-up electrical generator to all applicable laws, codes, regulations and guidelines. Any and all related equipment switching gear, conduit work and equipment mounts (collectively, “Generator”) screened from public view improvements to be located performed by Tenant to effectuate Tenant’s tie-in a location to the Back-Up Generator (such as installing conduits and connections from the Back-Up Generator to the Premises) shall be considered to be an Alteration, shall be performed in accordance with the Complex mutually agreed upon provisions of Section 6.2.5 of this Lease, and, unless approved by Landlord and Tenant. The installation in connection with approval of the Generator Construction Documents for Tenant’s Work pursuant to Section 3.3, shall be subject to Landlord’s review and prior written approval in all conditions and requirements as provided for in Section 10 hereofrespects. Landlord reserves In the right event Tenant elects to relocate tie-into the Generator from time to time at Landlord's cost and expense, and to install its own generator providing backBack-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Up Generator, Tenant shall pay, as Additional Rent, within thirty (30) days after receipt of invoices therefor from Landlord, a pro rata share of the annual fuel and maintenance charges for the Back-Up Generator, which pro rata share shall be obligated to remove based on a ratio, the numerator of which is Tenant’s total usage of Back-Up Generator and all related or ancillary equipment, wiring, capacity and the likedenominator of which is the aggregate usage of Back-Up Generator capacity at the applicable period of time; provided, however, Tenant’s pro rata share of such annual fuel and maintenance charges for the Back-Up Generator payable hereunder shall not exceed $1,500.00 per year (the “Annual Generator Cost Cap”); provided, however, if either (a) in the event that the public utility provider has a power outage that results in a power outage at the Building for more than six (6) hours, or (b) Tenant otherwise elects to run the Back-Up Generator for more than six (6) consecutive hours, in which event, then the cost of fuel used for the Back-Up Generator during such outage or in excess of six (6) consecutive hours shall be excluded from the Annual Generator Cost Cap and Tenant shall repair any damage caused by the installation and use of the Generator and by pay its pro rata share for such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be fuel used solely for the generation of emergency power in Back-Up Generator during such outage based on the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generatorratio above. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.