Common use of Backup Generator Clause in Contracts

Backup Generator. Tenant to maintain in good operating condition and repair (including any required replacements), at Tenant’s sole cost and expense, the backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All such maintenance and Tenant’s use of the Generator shall be subject to all applicable Laws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (a) testing and regular maintenance, and (b) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not interfere with the use of the Project by other tenants or tenants or occupants of surrounding buildings. Any repairs and maintenance of such Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generator. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Date, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord.

Backup Generator. Tenant shall be entitled to maintain in good operating condition and repair (including any required replacements), at Tenant’s sole cost and expense, the backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All such maintenance and Tenant’s exclusive use of the Generator shall be subject to all applicable Laws, existing backup generator serving the Premises during the Term of this Lease and any terms extension thereof unless and conditions until Tenant, by written notice to Landlord (the “Generator Turnover Notice”), advises Landlord that it shall no longer require the use of the backup generator. Landlord shall provide such existing backup generator to Tenant in its “as may be reasonably imposed by Landlordis” condition; provided, however, that Landlord shall not provide Tenant with Landlord’s maintenance records with respect to such generator. Unless and until Tenant delivers a Generator Turnover Notice, Tenant shall be solely responsible for maintenance and repair of the backup generator during the Term and shall provide Landlord with records of such maintenance and repair. If Tenant fails to maintain and repair such backup generator in a manner reasonably satisfactory to Landlord, Landlord may so notify Tenant, and if Tenant fails to perform such maintenance and repair within ten (10) business days after such notice from Landlord, Landlord may perform such work and charge Tenant any separate charge in connection with the samefor Landlord’s cost thereof, which shall be payable by Tenant within thirty (30) days after demand as Additional Rent. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant Such backup generator shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (ai) testing and regular maintenance, and (bii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant and Section 28(a) of this Lease below shall be responsible for ensuring that the Generator does not interfere with the apply to Tenant’s use of the Project by other tenants or tenants or occupants of surrounding buildingsbackup generator. Any repairs Unless and maintenance of until Tenant delivers a Generator Turnover Notice, such Generator generator shall be deemed to be a part the sole responsibility Premises for purposes of Tenant Articles 13 and Landlord makes no representation or warranty with respect to such Generator. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Date, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord14 below.

Backup Generator. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to maintain in good operating condition install and repair (including any required replacements)maintain, at Tenant’s sole cost and expense, the a backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All a location described in Exhibit J or such maintenance and Tenant’s use of the Generator shall be subject to all applicable Laws, and any terms and conditions other location as may be reasonably imposed designated by Landlord; provided, however, that Landlord . Such backup generator shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (ai) testing and regular maintenance, and (bii) any period of electrical power outage in the ProjectBuilding Complex. Tenant shall be entitled to operate the Generator generator 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 backup generator for Landlord’s consent, which consent shall 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 Xxxxxxxx’s structural and mechanical engineers, so that the Building Complex’s systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the ProjectReal Property, and Article 5 will apply to Tenant’s use of the backup generator. Further, Tenant shall be responsible for ensuring that the Generator backup generator does not interfere with the use of the Project Building Complex by other tenants tenants. In the event another tenant of the Building Complex or tenants of a neighboring project complains of problems caused by the generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or occupants of surrounding buildingseliminate any noise or vibration cause by such generator. Any repairs and maintenance of such Generator generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generatorgenerator. If Tenant is so notified by Landlord, Tenant shall, at Tenant’s sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Building Complex resulting from such removal. Such generator shall be deemed to be a part of the Premises for purposes of Article 10 of this Lease. Any backup generator installed by Tenant shall protectremain the sole and separate property of Tenant and shall, defendif Landlord elects, indemnify and hold harmless be removed by Tenant at the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal end of the GeneratorLease Term. On or prior In such event, in addition to removing the Termination Datebackup generator, Tenant shall either (i) surrender the Generator in good operating condition without compensation also remove all wiring and conduits which are external to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping by which the affected parking areas), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlordbackup generator was installed.

Backup Generator. Landlord shall permit Tenant to maintain connect certain circuits at the Premises to the backup generator (the “Generator”) located at the Building as of the Date of this Lease. The Generator shall remain Landlord’s property but Tenant may use it as a backup power supply during the term of this Lease provided it shall not be connected to circuits having a load in good operating condition excess of a peak demand of 60 KW. Landlord expressly disclaims any and repair (including any required replacements), all warranties and/or representations regarding the Generator and Tenant agrees that it has inspected the same and found it satisfactory for its purposes and shall use it at Tenant’s sole cost risk and expense, . Landlord shall enter into a third party contract for the backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All such regular maintenance and Tenant’s repair of the Generator and Tenant hereby agrees to release Landlord from any loss, damage or liability arising out of the use of the Generator or its failure to perform as desired, for whatever reason. Tenant furthermore agrees that it shall pay to Landlord, as Additional Rent, its share of the costs of such maintenance contract and the costs incurred by Landlord to provide fuel to the Generator during the term hereof. Such share shall be subject the percentage equal to all applicable Laws, a fraction the numerator of which shall be the Generator capacity to which Tenant shall be entitled and the denominator of which shall be the Generator capacity to which any terms and conditions as may be reasonably imposed by Landlordother tenants of the Building are entitled; provided, however, that until any other tenant is permitted to draw from the Generator, Tenant shall pay 100% of the costs of the fuel. Notwithstanding the foregoing, Landlord shall not charge be required to replace the Generator should it cease for whatever reason to be able to function as originally intended; provided that if Landlord shall replace the Generator with another generator that has sufficient capacity to backup more than just the base building life safety requirements, then Tenant any separate charge in connection with shall have the same. Without limiting the generality right to access Tenant’s Percentage of such excess capacity (inclusive of the foregoingaforesaid 60 KW), Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (a) testing and regular maintenance, and (b) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced subject to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not interfere with the use provisions of the Project by other tenants or tenants or occupants of surrounding buildings. Any repairs and maintenance of such Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generator. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Date, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from LandlordSection 5.9.

Backup Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant's receipt of any required permits, Landlord shall permit Tenant to maintain in good operating condition install and repair (including any required replacements)maintain, at Tenant’s 's sole cost and expense, the a backup generator currently located at the Project as well as the associated equipment and infrastructure (collectivelya location designated by Landlord. Such backup generator shall, the “Generator”). All such maintenance and Tenant’s use of the Generator shall be subject to compliance with all applicable Lawslaws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (ai) testing and regular maintenance, and (bii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator generator 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 backup generator for Landlord's consent, which consent shall 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 structural and mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the ProjectProject (other than lubricants and fuel to the extent required for the operation of such generator), and Section 29.33 will apply to Tenant's use of the backup generator. Further, Tenant shall be responsible for ensuring that the Generator backup generator does not interfere with the use of the Project by other tenants tenants. In the event another tenant of the Project or tenants of a neighboring project complains of problems caused by the generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or occupants of surrounding buildingseliminate any noise or vibration cause by such generator. Any repairs and maintenance of such Generator generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generatorgenerator. Tenant shall protect, defend, indemnify and hold harmless Upon the Indemnitees from and against claims, damages, liabilities, costs and expenses expiration or earlier termination of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Datethis Lease, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment generator and infrastructure) from repair any damage to the Project and repair and restore the Project and the Building caused by such removal. Such generator shall be deemed to the condition which existed prior to the installation be a part of the Generator (including, new electrical panels Premises for the Building and restoring and restriping the affected parking areas), all at the sole cost and expense purposes of Tenant and otherwise in accordance with Article 10 of this Lease, without further notice from Landlord.

Backup Generator. Subject to Landlord's prior approval of all plans ---------------- and specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to maintain in good operating condition install and repair (including any required replacements)maintain, at Tenant’s 's sole cost and expense, the a backup diesel-powered generator at a location designated by Landlord. Such backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All such maintenance and Tenant’s use of the Generator shall be subject to all applicable Laws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (ai) testing and regular maintenance, and (bii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator generator 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 backup generator for Landlord's consent, which consent shall 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 structural and mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Section 28(a) will apply to Tenant's use of the backup generator. Further, Tenant shall be responsible for ensuring that the Generator backup generator does not interfere with the use of the Project by other tenants tenants. In the event another tenant of the Project or tenants of a neighboring project complains of problems caused by the generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or occupants eliminate any noise or vibration cause by such generator. The vent for the generator must be higher than the roof line of surrounding buildingsthe Project. Any repairs and maintenance of such Generator generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generatorgenerator. Tenant shall protectshall, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of at Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Date, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the 's sole cost and expense expense, remove such generator upon the expiration or earlier termination of Tenant the Lease Term and otherwise in accordance with repair all damage to the Project resulting from such removal. Such generator shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease, without further notice from Landlord.

Backup Generator. Tenant 11.1 Tenant, subject to maintain in good operating condition Landlord's review and repair approval of Tenant's plans therefor, shall have the right to install a 750 kW/500 gallon diesel tank kilowatt supplemental generator (including the "Generator") and an above ground fuel tank (the "Tank") to provide emergency additional electrical capacity to the Building D Expansion Space during the Building D Term. Tenant's plans for the Generator and the Tank shall include a secondary containment system to protect against and contain any required replacements), at Tenant’s sole cost release of hazardous materials. The Generator and expense, the backup generator currently located Tank shall be placed at the Project as well as location reasonably proximate to Building D, such location to be mutually and reasonably agreed to by Landlord and Tenant (the associated equipment and infrastructure (collectively, the “Generator”"Generator Area"). All such maintenance and Notwithstanding the foregoing, Tenant’s use of 's right to install the Generator and the Tank shall be subject to all applicable Laws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality 's reasonable approval of the foregoingmanner in which the Generator and the Tank is installed, Tenant shallthe manner in which any fuel pipe is installed, at Tenant’s sole cost the manner in which any ventilation and expenseexhaust systems are installed, obtain the manner in which any cables are run to and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (a) testing and regular maintenance, and (b) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall Building D Expansion Space and the measures that will be responsible for ensuring that taken to eliminate any vibrations or sound disturbances from the Generator does not interfere with the use of the Project by other tenants or tenants or occupants of surrounding buildings. Any repairs and maintenance of such Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generator. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal operation of the Generator, including, without limitation, any necessary two (2) hour rated enclosures or sound installation. On Landlord shall have the right to require an acceptable enclosure to hide or prior to disguise the Termination Date, Tenant shall either (i) surrender existence of the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building Tank and to the condition which existed prior to minimize any adverse effect that the installation of the Generator (including, new electrical panels and the Tank may have on the appearance of the Building D. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the Building cost of installing, operating, maintaining and restoring removing the Generator and restriping the affected parking areas)Tanlk. Tenant shall not install or operate the Generator or the Tank until Tenant has obtained and submitted to Landlord copies of all required governmental permits, all at licenses and authorizations necessary for the sole cost installation and expense operation of Tenant the Generator and otherwise in accordance with this the Tank. In addition to, and without limiting Tenant's obligations under the Lease, without further notice from LandlordTenant 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 and the Tank.

Backup Generator. Subject to and in accordance with the terms and conditions of Section 8 (Alterations) of the Original Lease and this Section 13, Tenant may install and maintain at the Project an emergency backup generator, including wiring, tanks and other related equipment (collectively, the “Tenant Generator”), on the existing generator pad on the exterior of Building 4 (“Generator Area”), in order to provide a source of backup power for the Premises. Tenant’s installation of the Tenant Generator shall be subject to Landlord’s review and written approval of Tenant’s plans and specifications for the installation and operation of the Tenant Generator (including, without limitation, review and approval of Landlord’s engineer for the Building, if necessary) which approval will not be unreasonably withheld, conditioned or delayed. Tenant shall be permitted to install, operate, maintain in good operating condition and repair (including any required replacements)the Tenant Generator, at Tenant’s sole cost and expense, in the backup generator currently located at Generator Area, solely to provide emergency back-up power to the Project as well as Premises. Installation of the associated equipment Tenant Generator shall be performed by contractors approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed, all in accordance with the Project’s construction rules and infrastructure regulations of which Landlord has given written notice to Tenant. Prior to installation of the Tenant Generator, Tenant shall provide Landlord with information regarding the preliminary layout of the Tenant Generator within the Generator Area (collectively, the “GeneratorGenerator Information”). All such maintenance Tenant and Tenant’s use of its authorized personnel shall further have the right to access the Generator shall be Area for purposes of installing, maintaining, refueling, repairing and replacing the Tenant Generator, subject to force majeure and compliance with the Project’s rules and regulations. Tenant shall install, maintain and operate the Tenant Generator in compliance with all applicable Lawsfederal, state and any terms local laws, rules and conditions as may be reasonably imposed by Landlord; providedregulations, howeverincluding, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoingwithout limitation, Tenant shall, obtaining and maintaining at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal expense any permits, licenses certificates or other authorizations required for installation or operation of the Tenant Generator, such as to comply with requirements of applicable zoning restrictions, City and approvals, including without limitation County requirements and regulations of any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (a) testing and regular maintenance, and (b) any period of electrical power outage in the Projectgoverning air quality or environmental management district. Tenant shall be entitled solely responsible to operate the Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure insure that the backup generator does not result Tenant Generator is operated in compliance with applicable laws, rules and regulations and any Hazardous Materials being introduced governing covenants, conditions and restrictions, and to the Project. Further, Tenant shall be responsible for ensuring insure that the Tenant Generator does not interfere with the use business operations or quiet enjoyment of the Project by other tenants or tenants or occupants of surrounding buildingsthe Project. Any repairs and maintenance of such During the Lease Term, the Tenant Generator shall be remain the sole responsibility property of Tenant notwithstanding the fact that any such machines, equipment and Landlord makes no representation fixtures may be affixed or warranty with respect attached to such Generator. the Building or the Project or any portion thereof and Tenant shall protectremain responsible for the operation and ownership thereof, defend, indemnify and hold harmless the Indemnitees from Tenant shall be solely responsible for obtaining and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of maintaining insurance for Tenant’s installation, maintenance, replacement, use or removal Generator and the operation thereof. If and to the extent Tenant utilizes any portion of the Tenant Improvement Allowance for the purchase or installation of the Tenant Generator. On , then upon the expiration or prior to earlier termination of the Termination DateLease, Tenant shall either (i) surrender the leave Tenant’s Generator in place and shall surrender Tenant’s Generator to Landlord in good operating condition without compensation to condition, normal wear and tear excepted. If Tenant does not utilize any portion of the Tenant Improvement Allowance for the purchase of the Tenant Generator, then unless otherwise agreed in writing by Landlord and Tenant, Tenant shall on or (ii) before the expiration of earlier termination of the Lease, remove the Tenant Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the Tenant’s sole cost and expense and shall repair any damage caused by such removal. If Tenant is obligated to remove the Tenant Generator and fails to remove the Tenant Generator and repair any resulting damage within thirty (30) days following the expiration or sooner termination of Tenant and otherwise in accordance with this the Lease, without further notice from LandlordLandlord shall have the right to remove the Tenant Generator and repair all resulting damage, at Tenant’s cost. If required by the terms of applicable laws, rules or regulations, Tenant will obtain at its cost and deliver to Landlord a copy of any closure or similar report issued by any governmental authority with respect to removal of the Tenant Generator.

Backup Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant's receipt of any applicable governmental permits and approvals, Landlord shall permit Tenant to maintain in good operating condition install and repair (including any required replacements)maintain, at Tenant’s 's sole cost and expense, the a backup diesel-powered generator currently located at the Project as well as the associated equipment and infrastructure uninterrupted power supply (collectively, the “"Generator”)") at a location designated by Landlord. All such maintenance and Tenant’s use of the Such Generator shall be subject to all applicable Laws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (ai) testing and regular maintenance, and (bii) any period of electrical power outage in the ProjectBuilding. Tenant shall be entitled to operate the Generator generator 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 Generator for Landlord's consent, which consent shall 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 structural and mechanical engineers, so that the Building's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator Generator does not result in any Hazardous Materials being introduced to the ProjectReal Property (other than fuel kept in compliance with Environmental Laws), and Article 29 will apply to Tenant's use of the Generator. Further, Tenant shall be responsible for ensuring that the Generator does not interfere with the use of the Project Real Property by Landlord or other tenants tenants. In the event another tenant of the Real Property or tenants of a neighboring project complains of problems caused by the Generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the Generator if another solution is not available. Tenant shall ensure that the design and installation of the Generator is performed in a manner so as to minimize or occupants eliminate any noise or vibration cause by such Generator. The vent for the Generator must be higher than the roof line of surrounding buildingsthe Building. Any repairs and maintenance of such Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generator. If Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred is so notified by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination DateLandlord, Tenant shall either (i) surrender the Generator in good operating condition without compensation to shall, at Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected parking areas), all at the 's sole cost and expense expense, remove such Generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Real Property resulting from such removal. Such Generator shall be deemed to be a part of the Premises for purposes of Article 10 of this Lease. Landlord will design and construct the necessary pad and enclosure for the Generator at a location designated by Landlord and reasonably approved by Tenant and otherwise in accordance with this Leasethe cost of such pad and enclosure shall be charged against the Improvement Allowance or paid by Tenant as an Over-Allowance Amount, without further notice from Landlordas applicable.