Back-up Generator. (a) The parties acknowledge that the Building is equipped with a back-up generator. However, provided no Event of Default by Tenant is outstanding and uncured, Tenant shall have the conditional right to install and maintain an emergency generator and related equipment (collectively, “Generator Equipment”) to serve the Leased Premises on the property adjacent to the Building in accordance with the terms of this Addendum Paragraph 7. (b) Prior to installing any such Generator Equipment, Tenant shall submit detailed plans and specifications therefor (and with respect to the screening thereof, which shall be required by Landlord) to Landlord for its review. Said plans and specifications shall describe in detail the size, weight, color and configuration of the generator and any associated equipment (including cabling or other conduits between the equipment itself and the Leased Premises), the proposed location of the same on the property, the manner in which the same shall be installed and removed, and the name and license number of the competent Virginia licensed contractor who will perform such installation. All such plans shall be subject to Landlord’s prior written approval, the size and location of such generator and associated equipment may be limited by Landlord in its sole and absolute discretion, and Landlord may request any reasonable additional changes to the plans and specifications, as Landlord, in its sole discretion, deems necessary to protect the structure and aesthetic appearance of the Building and the property and/or Landlord’s ability to properly maintain and operate the same. As a result, the design and installation of said generator and related equipment shall be subject to the design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect to the installation of said Generator Equipment until: (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all licenses, permits and approvals from applicable government authorities necessary for the installation and operation of said Generator Equipment. (c) The installation, operation and maintenance of the Generator Equipment shall, at all times, comply with all applicable present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements of the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant’s occupancy of the Building and its use thereof. The Generator Equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and subsequent maintenance of the Generator Equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the event that the installation or maintenance of the Generator Equipment results in damage to the Building or any portion of the property, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the costs incurred by Landlord in repairing any such damage, and (ii) to indemnify Landlord against any such liability. (d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the Generator Equipment. Tenant shall reimburse Landlord, as additional rent, for any costs incurred by Landlord with respect to the Generator equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the Generator Equipment. Tenant covenants not to damage any portion of the property or the Building in the course of installing, maintaining and removing the equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls. (e) Tenant covenants that the installation, maintenance, operation, relocation and removal of the Generator Equipment shall in no way materially interfere with Landlord operation of the Building’s systems, and common elements or areas of the Building or the property or with other tenant’s use of their premises or operation of their equipment. In the event of any such interference, the Generator Equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant. Landlord shall have the right to require Tenant to temporarily relocate the Generator Equipment at Landlord’s expense in order to allow Landlord to complete repairs, maintenance or modification of the Building or the property. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant’s use of the Generator Equipment. (f) Tenant shall use any such Generator Equipment for internal corporate purposes only. No Generator Equipment which Tenant is permitted to install in accordance with the terms of this Addendum Paragraph 7 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant. (g) The maintenance and operation of the Generator Equipment shall be at Tenant’s sole risk, and any damage to the equipment will in no way operate to affect Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that any applicable government authority or other legal requirement prohibits Tenant from operating or maintaining the Generator Equipment, Tenant shall promptly remove the same. The rights of Tenant set forth in this Addendum Paragraph 7 are personal to the named Tenant herein and may not be assigned, sublet or otherwise transferred to any third person or entity (except to an assignee of Tenant pursuant to a Permitted Transfer, as defined in Section 10(i) of the Lease). Prior to the expiration or termination of the Lease Term, if requested by Landlord, Tenant shall remove the Generator Equipment from the property and the Building and restore the same to their condition prior to the installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a holdover by Tenant in the Leased Premises.
Appears in 1 contract
Sources: Deed of Lease (Trex Co Inc)
Back-up Generator. (a) The parties acknowledge that During the Building is equipped with a back-up generator. However, provided no Event of Default by Tenant is outstanding and uncuredTerm, Tenant shall (subject to the terms hereof, including, without limitation, receipt of Landlord’s approval as hereinafter set forth) have the conditional right to install use a portion of the rooftop of the Building designated by Landlord (the “Rooftop Premises”) (or to use an outdoor location on the Property designated by Landlord (the “Outdoor Pad Area”)) for the installation by Tenant of a back up generator and maintain an emergency related cables (any back up generator and related equipment installed within the Rooftop Premises or in the Outdoor Pad Area together with all related cabling connecting the back up generator to the Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s Back Up Generator Equipment”). If the backup generator is located outdoors, it shall be placed on a concrete pad purchased and installed by Tenant at its sole expense which shall be protected by the installation of bollards as required by Landlord (and, in such case, the concrete pad and bollards shall be deemed to be included as part of Tenant’s Back Up Generator Equipment). The entire cost of purchase and installation of the Tenant’s Back Up Generator Equipment and any outdoor concrete pad shall be borne by Tenant. Landlord’s approval of such Back Up Generator Equipment (and the location thereof on either the Rooftop Premises or the Outdoor Pad Area) shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment (i) does not interfere with any base building equipment operated by Landlord or other tenants on the roof; (ii) will not affect the structural integrity of the Building or adversely impact the roof or the roof membrane in any manner; (iii) shall, if located in the Outdoor Pad Area be adequately screened (except if located next to dumpster) so as to minimize the visibility of such equipment; (iv) shall be adequately sound-proofed to meet all legal requirements and (v) all cabling between the Premises and the back up generator is located in shafts, chases, risers and conduits within the Building (the “Cable Passageways”) as first approved by Landlord (which approval will not be unreasonably withheld) and does not interfere with any building systems or operations nor with any wiring, cables, conduits located therein from time to time nor the operation of any equipment served by the same. Tenant acknowledges that placement of the Back Up Generator on the Rooftop Premises will require cutting of the roof and modifications to and reinforcement of the bar joists, structural steel and I-beams in and around the area of the Rooftop Premises (as well as related roof cuts and repairs to the roof and roof membrane) and roof penetrations to accommodate electrical wiring and cables related to Tenant’s Back Up Generator Equipment and other work related thereto as required by Landlord (all such work being hereinafter referred to as the “Roof Reinforcement Work”). The Roof Reinforcement Work shall be performed by Landlord but all costs and expenses (collectively, the “Generator EquipmentRoof Reinforcement Costs”) incurred by Landlord in connection with the Roof Reinforcement Work shall be paid for by Tenant. Without limiting the generality of the foregoing, the term “Roof Reinforcement Costs” shall include the cost of all plans and specifications related thereto, the cost of all permits related thereto and the cost of all work and equipment related thereto. Tenant shall pay to serve Landlord 50% of the Leased Premises Roof Reinforcement Costs as estimated by Landlord prior to commencement the Roof Reinforcement Work with the balance to be paid within fifteen (15) days after being billed therefor by Landlord. Tenant shall also reimburse Landlord for all engineering and architectural costs incurred by Landlord in connection with the preparation and/or review of plans and specifications related to the Roof Reinforcement Work within fifteen (15) days after being billed therefor. In addition, if the back up generator is located on the property adjacent to the Building in accordance with the terms of this Addendum Paragraph 7.
(b) Prior to installing any such Generator EquipmentRooftop Premises, Tenant shall submit detailed plans install a separate gas meter to measure use and specifications therefor (consumption of gas in connection with the operation of the back up generator and with respect shall pay directly to the screening thereofutility company all bills related thereto when and as the same are due and payable. The cost of installation of such gas meter as well as the cost of repair, which maintenance and replacement thereof shall be required borne solely by Landlord) to Landlord for its reviewTenant. Said plans and specifications shall describe in detail the size, weight, color and configuration Although ignition of the gas generator and any associated equipment (including cabling or other conduits between the equipment itself and the Leased Premises)may be powered by electricity, the proposed location operation of the same on the property, the manner in which the same back up generator will be powered by natural gas and Tenant shall be installed responsible for all costs and removedexpenses related to connection of the back up generator to gas service available to the Building, and the name actual timing, method and license number of the competent Virginia licensed contractor who will perform such installation. All such plans shall be subject to Landlord’s prior written approval, the size and location means of such generator gas hookup and associated equipment may be limited by Landlord in its sole and absolute discretion, and Landlord may request any reasonable additional changes to the plans and specifications, as Landlord, in its sole discretion, deems necessary to protect the structure and aesthetic appearance of the Building and the property and/or Landlord’s ability to properly maintain and operate the same. As a result, the design and installation of said generator and related equipment connection shall be subject to the design limitations reasonable approval of the Building and its structural, electrical and mechanical systemsLandlord. No work may commence with respect to the installation of said Tenant shall not install or operate Tenant’s Back Up Generator Equipment until: (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, permits and approvals from applicable government authorities authorizations necessary for the installation and operation of said Generator Equipment.
(c) The installationthereof. In addition, operation and maintenance of the Generator Equipment shall, at all times, Tenant shall comply with all applicable present reasonable construction rules and future lawsregulations promulgated by Landlord in connection with the installation, ordinances (including zoning ordinances maintenance and land use requirements)operation of Tenant’s Back Up Generator Equipment. Landlord shall have no obligation to provide any services including, regulationswithout limitation, orders electric current or other legal requirements of gas service, to the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Rooftop Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident Pad Area or to Tenant’s occupancy of Back Up Generator Equipment (except that Tenant, at its expense, may power the Back Up Generator’s start up/ignition requirements using the Building and its use thereof. The Generator Equipment shall be modifiedelectric service, removed or relocated (all subject to Landlord’s prior written reasonable approval) from time and connect to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that Building gas line on the same are in compliance with any roof of the foregoing requirementsBuilding as provided hereinabove. The installation Tenant shall be responsible for the cost of repairing and subsequent maintenance of the maintaining Tenant’s Back Up Generator Equipment and shall have a right, upon reasonable prior notice to Landlord, of access to the roof twenty-four (24) hours per day, seven (7) days per week for such purposes. Tenant shall also be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In responsible for the event that the installation or maintenance cost of the Generator Equipment results in repairing any damage to the Building (or any portion of the property, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the costs incurred by Landlord in repairing any such damageProperty), and (ii) to indemnify Landlord against the cost of any such liability.
(d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the Generator Equipment. Tenant shall reimburse Landlord, as additional rent, for any costs incurred by Landlord with respect necessary improvements to the Generator equipmentBuilding (or Property), including but not limited to: (i) any increased insurance premiums, (ii) any engineering caused by or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operationreplacement, maintenance, relocation or operation and/or removal of the Tenant’s Back Up Generator Equipment. Landlord makes no warranties or representations to Tenant covenants not as to damage any portion the suitability of the property Rooftop Premises, the Pad Area or the Cable Passageways for the installation and operation of Tenant’s Back Up Generator Equipment. If any of Tenant’s work on the roof of the Building in or Pad Area or related to the course Cable Passageways. including without limitation the installation and maintenance of installingTenant’s Back Up Generator Equipment, maintaining damages the roof, the Property or Cable Passageways or invalidates or adversely affects any warranty, Tenant shall be fully responsible for the cost of repairs related thereto (and removing any subsequent repairs to the equipment. Except as expressly roof to the extent that arty warranty is invalidated or adversely affected (provided that no claim under the provisions set forth in this parenthetical may be asserted by Landlord after the approved plans therefordate (the “Claim Date”) which is one (1) year after expiration or earlier termination of this Lease unless written notice of such claim is given to Tenant on or prior to the Claim Date)). In the event that at any time during the Term, no such installationLandlord determines, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls.
(e) Tenant covenants in its sole but bona fide business judgment, that the installation, maintenance, operation, relocation and removal operation and/or periodic testing of the Tenant’s Back Up Generator Equipment shall in no way materially interfere interferes with Landlord the operation of the Building’s systems, and common elements or areas of the Building or the property or with other tenant’s use of their premises or operation of their equipment. In the event business operations of any such interferenceof the occupants of the Building, the then Tenant shall, upon notice from Landlord, cause all further testing of Tenant’s Back Up Generator Equipment to occur after normal business hours (hereinafter defined). Tenant’s Back Up Generator Equipment shall constitute part of Tenant’s Removable Property which is to be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant. Landlord shall have the right , at its sole expense, pursuant to require Tenant to temporarily relocate the Generator Equipment at Landlord’s expense in order to allow Landlord to complete repairs, maintenance or modification of the Building or the property. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant’s use of the Generator Equipment.
(f) Section 14.21 hereof except that Tenant shall use any such Generator Equipment for internal corporate purposes only. No Generator Equipment which Tenant is permitted not (in connection with its obligation to install in accordance with the terms of this Addendum Paragraph 7 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation of the Generator Equipment shall be at Tenant’s sole risk, and repair any damage to the equipment will in no way operate to affect Building caused by removal of the Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that any applicable government authority or other legal requirement prohibits Tenant from operating or maintaining the Back Up Generator Equipment) be required to remove or restore any bar joints, structural steel or I beams which are cut or added as part of the Roof Reinforcement Work (but Tenant shall promptly remove the same. The rights of Tenant set forth in this Addendum Paragraph 7 are personal repair and restore any damage to the named Tenant herein roof and may not be assigned, sublet or otherwise transferred roof membrane related to any third person or entity (except to an assignee of Tenant pursuant to a Permitted Transfer, as defined in Section 10(i) the presence of the Lease). Prior to the expiration or termination of the Lease Term, if requested by Landlord, Tenant shall remove the Back Up Generator Equipment from the property and the Building and restore the same to their condition prior to the installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a holdover by Tenant in the Leased Premisesand/or its removal).
Appears in 1 contract
Sources: Sublease (Salary. Com, Inc.)
Back-up Generator. 34.1 Subject to the terms of this Article 34 and other applicable provisions of this Lease, Tenant may, at its sole cost and expense throughout the Term, install, maintain, repair, replace, alter and operate (ai) The parties acknowledge that an emergency electric generator and related equipment and facilities, including, without limitation, a concrete slab below the Building is equipped with generator, (collectively, the “Generator”) to provide a back-up generator. However, provided no Event of Default electricity source for certain equipment used by Tenant is outstanding in the Premises, in an area on the Property to be designated by Landlord (the “Generator Location Area”) and uncured(ii) transmission lines, Tenant shall have the conditional right to install wires, cables, risers and maintain an emergency generator and related equipment conduits (collectively, “Generator Conduits”) through conduit space in the Building reasonably designated by Landlord for the operation of the Generator, (the Generator and the Generator Conduits and any alterations thereto or replacements thereof being called herein collectively, the “Generator Equipment”) to serve the Leased Premises on the property adjacent to the Building in accordance with the terms of this Addendum Paragraph 7.
(b) Prior to installing any such Generator Equipment). To exercise said right, Tenant shall submit detailed plans and specifications therefor (and with respect to the screening thereof, which shall be required by Landlord) to Landlord for its reviewapproval (which shall not be unreasonably withheld, conditioned, denied or delayed) (x) a detailed description of the proposed Generator Equipment and (y) plans and specifications in form reasonably satisfactory to Landlord for the Generator Equipment. Said plans and specifications shall describe be in detail compliance with all Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of said description and said plans and specifications, Landlord shall notify Tenant whether Landlord approves or disapproves the installation of the proposed Generator Equipment. Tenant acknowledges that Landlord’s review and approval rights with respect to the Generator Equipment shall include, but shall not be limited to, consideration of the size, weight, color affect on Building systems, affect on other tenants and configuration occupants of the generator Building, aesthetics and any associated equipment (including cabling or other conduits between the equipment itself manner of attachment and the Leased Premises), the proposed location of the same on the property, the manner in which the same shall be installed and removedinstallation, and the name and license number affect on the character of the competent Virginia licensed contractor who will Property and Building. If Landlord disapproves the proposed Generator Equipment, Landlord shall specify the reasons for such disapproval in said notice.
34.2 Prior to commencing the installation of the Generator Equipment, Tenant shall obtain Landlord’s approval of the proposed contractor, which approval shall not be unreasonably withheld, conditioned or delayed, and Tenant shall deliver to Landlord a copy of all governmental approvals and permits required in connection with the installation of the Generator Equipment. Tenant agrees to construct the Generator Equipment strictly in accordance with the approved plans and specifications and to complete such work expeditiously, in a good and workmanlike manner, free and clear of all Liens and in compliance with all Legal Requirements and Insurance Requirements. Supplementing the foregoing, Tenant agrees further to comply with all other applicable provisions of this Lease with respect to the installation, maintenance, repair, alteration, use, operation and replacement of the Generator Equipment and access thereto, including, without limitation, Article 7, Article 10 and Article 11 hereof.
34.3 Tenant hereby covenants and agrees that (i) Tenant shall, at its sole cost and expense, comply with all Legal Requirements (including, without limitation, Environmental Laws) and Insurance Requirements and procure and maintain all necessary permits and approvals required in connection with the operation, installation, maintenance, repair, alteration and replacement of the Generator Equipment; (ii) the Generator Equipment shall not adversely affect, undermine or unreasonably interfere with the structure of the Building, the roof of the Building or any of the systems of the Building (including, without limitation, the electrical, plumbing, heating, ventilating, air conditioning and life safety systems); (iii) the Generator Equipment shall not unreasonably interfere with the use and enjoyment of the Building by other occupants of any portion thereof; (iv) Tenant shall, at its sole cost and expense, promptly repair any damage (whether structural or non-structural) caused to the Property or its fixtures, equipment and appurtenances by reason of the installation, maintenance, repair, alteration, replacement or operation of the Generator Equipment (or, at Landlord’s election, Landlord shall perform such installation. All repairs and Tenant shall reimburse Landlord for the costs thereof within thirty (30) days after receipt of demand therefor from Landlord); (v) the Generator Equipment shall not emit sound which is audible in any leasable areas of the Building other than the Premises or cause any vibration; (vi) Tenant shall pay any additional or increased insurance premiums incurred by Landlord, and shall obtain and pay for any additional insurance coverage for the benefit of Landlord in such plans amount and of such type as Landlord may reasonably require in connection with the Generator Equipment; (vii) Tenant shall be subject to Landlordcooperate, at Tenant’s cost and expense, with Landlord in connection with the maintenance, repair and replacement by Landlord of the Property, including without limitation, by temporarily moving the Generator, upon prior written approvalnotice from Landlord, the size and location of to accommodate such generator and associated equipment may be limited by Landlord in maintenance, repair or replacement; (viii) Tenant shall, at its sole cost and absolute discretionexpense, maintain the Generator Equipment in good order and condition and in compliance with all Legal and Insurance Requirements and (ix) unless the Generator runs on natural gas, Tenant shall maintain pollution legal liability insurance, covering claims for bodily injury and property damage both on-site and off-site, and cleanup costs arising from pollution conditions on or emanating from the Property, which insures both the Generator Equipment and Tenant’s operations thereof, in an amount of at least Two Million ($2,000,000) Dollars for each occurrence. The insurance maintained by Tenant pursuant to clause (ix) above shall comply with all of the provisions of this Lease that are applicable to the insurance maintained by Tenant pursuant to Section 14.1(a) hereof.
34.4 Tenant acknowledges that Tenant’s use of the Property and the conduit space in the Building pursuant to this Article 34 is a non-exclusive use, and Landlord may request permit any reasonable additional changes person or entity to use any of the conduit spaces in the Building and any portion of the exterior of the Property, other than the Generator Location Area, for any purpose. Further, Landlord and its agents and representatives shall have the same rights with respect to the plans Generator Location Area that such parties have with respect to the Premises pursuant to Article 21, and specificationsTenant shall have the same obligations with respect to Generator Location Area that Tenant has with respect to the Premises pursuant to Article 21.
34.5 Notwithstanding anything to the contrary contained in this Lease, as Tenant shall remove the Generator Equipment prior to the expiration or earlier termination of the Term and repair any damage to the Property caused by the installation or removal of the Generator Equipment, all at Tenant’s sole cost and expense (or, at Landlord’s election, Landlord shall perform such repairs and Tenant shall reimburse Landlord for reasonable out-of-pocket costs thereof within thirty (30) days after receipt by Tenant of Landlord’s demand therefor); provided, however, by written notice to Tenant at least thirty (30) days prior to the Expiration Date, Landlord may elect, in its sole discretion, deems necessary to protect the structure and aesthetic appearance of the Building and the property and/or Landlord’s ability require Tenant to properly maintain and operate the same. As a result, the design and installation of said generator and related equipment shall be subject to the design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect to the installation of said Generator Equipment until: (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained leave all licenses, permits and approvals from applicable government authorities necessary for the installation and operation of said Generator Equipment.
(c) The installation, operation and maintenance of the Generator Equipment shall, at all times, comply with all applicable present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements of the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant’s occupancy of the Building and its use thereof. The Generator Equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and subsequent maintenance of the Generator Equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlord. In the event that the installation or maintenance of the Generator Equipment results in damage to the Building or any portion of the property, or Landlord incurs any liability relating to or arising from Generator Equipment (as specified by Landlord) in place upon the sameExpiration Date.
34.6 Without limiting Tenant’s obligations under Section 14.3(a), Tenant agrees: (i) to pay shall indemnify, defend and hold Landlord on demand the costs incurred by Landlord in repairing any such damageand its members, directors, officers, agents and (ii) to indemnify Landlord against any such liability.
(d) Tenant shall pay all costs associated with the design, installation, maintenance, operation, relocation and removal of the Generator Equipment. Tenant shall reimburse Landlord, as additional rent, for any costs incurred by Landlord with respect to the Generator equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord employees harmless from and against any and all liability, damages, claims, liabilities, causes costs or expenses arising out of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the Generator Equipment. Tenant covenants not to damage any portion of the property or the Building in the course of installing, maintaining and removing the equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls.
(e) Tenant covenants that the installation, maintenance, operation, relocation repair, alteration and removal replacement of any Generator Equipment, together with all costs, expenses and liabilities incurred in or in connection with each such claims or action or proceeding brought thereon (including, without limitation, all reasonable attorneys’ fees and expenses), except for such of the Generator Equipment foregoing that arise from the gross negligence or willful misconduct of Landlord or its agents, servants or employees. Tenant’s obligations under this Section 34.6 shall in no way materially interfere with Landlord operation survive the expiration or earlier termination of the Building’s systems, Term.
34.7 Tenant shall pay all electric and common elements or areas of the Building or the property or with any other tenant’s use of their premises or operation of their equipment. In the event of any such interference, utility costs relating to the Generator Equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by TenantEquipment. Landlord shall have the right to require Tenant to temporarily relocate pay such costs based on any reasonable method specified by Landlord, including, without limitation, if Landlord elects, tying, at Tenant’s expense, the Generator Equipment into the submeter installed by Landlord pursuant to Section 6.1 hereof. Tenant shall pay such amounts in accordance with a schedule specified by Landlord or, if Landlord does not establish a schedule, within ten (10) days after any request made by Landlord.
34.8 Notwithstanding anything to the contrary contained herein, Landlord shall have the right, from time to time, to require Tenant to relocate Generator Equipment to other locations at the Property which are satisfactory to Landlord’s expense in order , provided that Landlord pays the actual reasonable costs and expenses incurred by Tenant to allow relocate such Generator Equipment or other improvements and facilities. Landlord and Tenant shall reasonably cooperate with each other to complete repairs, maintenance or modification coordinate the relocation of the Building or Generator Equipment during periods in which the propertyGenerator Equipment is not then in use by Tenant. In exercising its rights set forth in the immediately preceding sentenceevent of any relocation of any such Generator Equipment or other improvements pursuant to this Section 34.8, then within ten (10) days after request of Landlord, Landlord will use reasonable efforts and Tenant shall enter into an amendment to minimize any interference with this Lease memorializing such relocation; provided, however, Tenant’s failure or refusal to execute such amendment shall not affect any relocation pursuant to this Section 34.8.
34.9 The Generator Equipment shall be for the sole use of Tenant and for no other parties. Tenant shall not resell in any form the use of the Generator Equipment, including, without limitation, the granting of any licensing or other rights.
(f) 34.10 The rights granted to Tenant shall use any such Generator Equipment for internal corporate purposes only. No Generator Equipment which Tenant is permitted to install in accordance with the terms of this Addendum Paragraph 7 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation of the Generator Equipment shall be at Tenant’s sole risk, and any damage to the equipment will in no way operate to affect Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that any applicable government authority or other legal requirement prohibits Tenant from operating or maintaining the Generator Equipment, Tenant shall promptly remove the same. The rights of Tenant set forth in this Addendum Paragraph 7 Article 34 are personal to the Tenant named Tenant herein in the heading of this Lease, and may they cannot be assigned, sublet assigned separately from this Lease or otherwise transferred to any third person or entity in connection with an assignment of this Lease (except to other than an assignee assignment of Tenant this Lease pursuant to a Permitted Transfer, as defined in Section 10(i) of the Lease16.7). Prior to the expiration or termination of the Lease Term, if requested by Landlord, Tenant shall remove the Generator Equipment from the property and the Building and restore the same to their condition prior to the installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a holdover by Tenant in the Leased Premises.
Appears in 1 contract
Back-up Generator. (a) The parties acknowledge that During the Building is equipped with a back-up generator. However, provided no Event of Default by Tenant is outstanding and uncuredLease Term, Tenant shall have the conditional right right, free of charge, to install use designated areas adjacent to or near the Building in a location mutually acceptable to Landlord and maintain an emergency generator and related equipment Tenant (collectively, the “Generator EquipmentPad License Area”), for the installation and use by Tenant during the Lease Term of a back-up generator (the “Generator”); provided, however, that (i) to serve the Leased Premises on the property adjacent to the Building in accordance with the terms of this Addendum Paragraph 7.
(b) Prior to installing any such Generator Equipment, Tenant shall submit detailed plans and specifications therefor obtain all required approvals from the ARC (and if any) with respect to the screening thereofGenerator, which (ii) Tenant shall be required by Landlord) to Landlord for its review. Said plans and specifications shall describe in detail the size, weight, color and configuration of the generator and any associated equipment (including cabling or other conduits between the equipment itself and the Leased Premises), the proposed location of the same on the property, the manner in which the same shall be installed and removed, and the name and license number of the competent Virginia licensed contractor who will perform such installation. All such plans shall be subject to obtain Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the size proposed size, location and location aesthetic impact of such generator and associated equipment may be limited by Landlord in the Generator, (iii) Tenant will at its sole and absolute discretioncost comply with (1) all Applicable Laws, and Landlord may request (2) Landlord’s reasonable requirements from time to time, in any reasonable additional changes way relating to the plans Generator, and specifications(iv) in the event the Generator Pad License Area is located in the Surface Lots (as defined in Exhibit D attached hereto) and any Parking Spaces are lost as a result of the installation of the Generator, as Landlordsuch lost Parking Spaces shall be deducted from the number of Parking Spaces available to Tenant pursuant to Exhibit D. If, and only if, Landlord has notified Tenant, in its writing, at the time Landlord initially approves the Generator that Landlord will require removal upon the expiration or earlier termination of this Lease, then Tenant shall, at Tenant’s sole discretioncost and expense, deems necessary to protect remove the structure and aesthetic appearance Generator upon the expiration or earlier termination of this Lease (which removal shall include restoration of the Building and the property and/or Landlord’s ability to properly maintain and operate the same. As a result, the design and installation of said generator and related equipment shall be subject Generator Pad License Area to the design limitations of the Building and its structural, electrical and mechanical systems. No work may commence with respect condition it was in prior to the installation of said the same); provided, however, even if Landlord does not require removal, Tenant shall have the right, at its sole cost and expense, to remove the Generator Equipment until: upon the expiration or earlier termination of this Lease (i) Landlord has provided Tenant with Landlord’s prior written approval of final plans therefor, and (ii) Tenant has provided Landlord with written proof that Tenant has obtained all licenses, permits and approvals from applicable government authorities necessary for the installation and operation of said Generator Equipment.
(c) The installation, operation and maintenance which removal shall include restoration of the Generator Equipment shall, at all times, comply with all applicable present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, orders or other legal requirements Pad License Area to the condition it was in prior to the installation of the United States of America, the Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Building and insurance requirements relating to or affecting the Premises, the Building, the condition thereof, all machinery, equipment and furnishings therein incident to Tenant’s occupancy of the Building and its use thereof. The Generator Equipment shall be modified, removed or relocated (subject to Landlord’s prior written approval) from time to time by Tenant in order to ensure continued compliance with the foregoing requirements. Landlord’s approval of any plans and specifications shall in no way constitute a representation or warranty by Landlord that the same are in compliance with any of the foregoing requirements. The installation and subsequent maintenance of the Generator Equipment shall be subject to such reasonable regulations and restrictions as are imposed thereon by Landlordsame). In the event that the installation or maintenance Landlord does require removal of the Generator Equipment results in damage and Tenant fails to remove the Building same upon expiration or any portion earlier termination of this Lease, Landlord may remove and dispose of the property, or Landlord incurs any liability relating to or arising from the same, Tenant agrees: (i) to pay Landlord on demand the same and all costs incurred by Landlord in repairing any connection with such damageremoval shall be payable by Tenant to Landlord on demand as Additional Rent. In the event Landlord does not require removal of the Generator and Tenant fails to remove the same upon expiration or earlier termination of this Lease, the Generator shall become the sole property of Landlord and (ii) to indemnify Landlord against any such liability.
(d) Tenant shall pay have no further claim thereto. Tenant shall be solely responsible for the costs of the design, installation, operation, repair, maintenance and removal of the Generator, shall install, operate, repair and maintain the Generator in accordance with all costs associated Applicable Laws and shall obtain any approvals or permits from governmental authorities and the ARC required in connection therewith. The Generator shall be installed by and remain the property of Tenant during the Lease Term. Subject to the provisions of Section 15 herein, Tenant shall protect, defend, indemnify and hold harmless Landlord from and against all claims, liabilities, losses, damages, costs, or expenses, including reasonable attorneys’ fees, fines, penalties, judgments, or obligations incurred by Landlord arising out of the design, or Tenant’s installation, operation, repair, maintenance or removal, of the Generator. Landlord shall reasonably cooperate with Tenant in connection with the design, installation, maintenance, operation, relocation and repair, maintenance and/or removal of the Generator Equipment. Tenant shall reimburse at no out-of-pocket cost to Landlord, as additional rent, for including entering into any costs incurred by Landlord agreements with respect to the Generator equipment, including but not limited to: (i) any increased insurance premiums, (ii) any engineering or architectural fees related to reviewing the aforesaid plans and specifications, and (iii) any third party providers in forms reasonable legal fees related to the review of the aforesaid requirements and Tenant’s compliance therewith. Tenant hereby indemnifies and holds Landlord harmless from and against any claims, liabilities, causes of action, losses, damages and costs incurred by Landlord as a result of the installation, operation, maintenance, relocation or removal of the Generator Equipment. Tenant covenants not to damage any portion of the property or the Building in the course of installing, maintaining and removing the equipment. Except as expressly set forth in the approved plans therefor, no such installation, maintenance or removal of the equipment shall involve any penetration of the Building’s roof or exterior walls.
(e) Tenant covenants that the installation, maintenance, operation, relocation and removal of the Generator Equipment shall in no way materially interfere with Landlord operation of the Building’s systems, and common elements or areas of the Building or the property or with other tenant’s use of their premises or operation of their equipment. In the event of any such interference, the Generator Equipment shall be modified, removed or relocated (subject acceptable to Landlord’s prior written approval) from time to time by Tenant. Landlord shall have the right to require Tenant to temporarily relocate the Generator Equipment at Landlord’s expense in order to allow Landlord to complete repairs, maintenance or modification of the Building or the property. In exercising its rights set forth in the immediately preceding sentence, Landlord will use reasonable efforts to minimize any interference with Tenant’s use of the Generator Equipment.
(f) Tenant shall use any such Generator Equipment for internal corporate purposes only. No Generator Equipment which Tenant is permitted to install in accordance with the terms of this Addendum Paragraph 7 shall be utilized by anyone other than Tenant or in any manner as a source of revenue to Tenant.
(g) The maintenance and operation of the Generator Equipment shall be at Tenant’s sole risk, and any damage to the equipment will in no way operate to affect Tenant’s obligations under this Lease. Similarly, any condemnation or other governmental action which affects Tenant’s ability to maintain and operate the equipment shall in no way affect Tenant’s obligations under this Lease, except as set forth below. In the event that any applicable government authority or other legal requirement prohibits Tenant from operating or maintaining the Generator Equipment, Tenant shall promptly remove the same. The rights of Tenant set forth in this Addendum Paragraph 7 are personal to the named Tenant herein and may not be assigned, sublet or otherwise transferred to any third person or entity (except to an assignee of Tenant pursuant to a Permitted Transfer, as defined in Section 10(i) of the Lease). Prior to the expiration or termination of the Lease Term, if requested by Landlord, Tenant shall remove the Generator Equipment from the property and the Building and restore the same to their condition prior to the installation thereof. Tenant’s failure to so remove the same shall constitute an Event of Default under this Lease and a holdover by Tenant in the Leased Premises.
Appears in 1 contract
Sources: Office Building Lease (Ada-Es Inc)