Building Generator Clause Samples
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Building Generator. A. Pursuant to request by Tenant and Nextel South Corp (the “Other Tenant”), Landlord agrees to install a Building generator (the “Generator”) having a minimum capacity of 275 KVA. Landlord’s agreement is subject to Landlord receiving all governmental permits and approvals applicable to such installation. Tenant shall be entitled to have the Premises served by an amount of load on the Generator which does not exceed the amount as requested by Tenant and approved by Landlord. Tenant’s use of the Generator is subject to (i) Landlord’s rules and regulations which it adopts from time to time and (ii) Tenant obtaining all governmental permits and approvals applicable to such use. Tenant’s use of the Generator is also subject to all applicable governmental requirements including, without limitation, requirements which directly or indirectly necessitate a reduction in the permitted amount of Tenant’s load on the generator, and in no event shall Landlord have any liability nor shall Tenant have any claim against Landlord based on such reduction in the permitted amount of Tenant’s load on the generator. However, absent such governmental requirements, Landlord agrees that notwithstanding the foregoing including Landlord’s adoption of rules and regulations, Landlord will not reduce the capacity allotted to Tenant below 100 KVA. In the event Tenant uses more of the Generator capacity than is approved in writing by Landlord (as such amount may be subsequently reduced due to applicable governmental requirements), (i) in addition to exercising its default remedies under the Lease, Landlord shall be permitted to immediately take all actions necessary to discontinue Tenant’s use of the Generator including without limitation disconnecting any of Tenant’s installations to or involving the Generator, (ii) Tenant shall upon demand reimburse Landlord for its out of pocket costs of taking such actions together with an administrative overhead charge equal to 15% of the such costs and (iii) Tenant shall indemnify and hold harmless Landlord from any liability or claim resulting from Tenant’s improper use of the generator including without limitation claims of third parties using the Generator who are adversely affected by Tenant’s improper use of the Generator. Upon expiration or earlier termination of the Lease, Tenant shall as directed by Landlord remove all cabling and related installations by which Tenant accesses the Generator and restore affected parts of the Building to thei...
Building Generator. Commencing on the Delayed Premises Lease Commencement Date, Tenant shall have the exclusive right, during the Term, to access and use the existing two (2) 1,250 kva back-up generators located in the Building Complex (collectively, the “Building Generator”), which shall be conveyed to Landlord as part of the Landlord Equipment in accordance with Section 9 of the Addendum at no additional cost or fee. The cost of all utilities consumed in the operation of the Generator and any costs and expenses associated with the use, operation, maintenance and repair of the Building Generator shall be Operating Expenses. At any time that Tenant is not leasing all rentable square footage in the Building, Landlord shall have the right to allocate capacity among all tenants and control the Building Generator and include such costs in Operating Expenses shared by tenants in the Building. Upon the expiration or earlier termination of the Lease, the Generator shall be surrendered by Tenant and become the property of Landlord, unless Landlord gives notice in according with Section 9 of the Addendum. As of the Initial Premises Lease Commencement Date, Tenant shall have the right to use the Building Generator on a non-exclusive basis with all tenants of the Building and Landlord shall have an obligation to maintain (or have Nationstar maintain) the same pursuant to the Minimum Standard at no cost to Tenant. Tenant shall have no obligation to remove the Building Generator following the termination or expiration of this Lease.
Building Generator. As of the Commencement Date, the Building will be served by an emergency generator (the “Building Generator”). The Building Generator will provide standby power for tenants of the Building, as well as support for the life safety systems of the Building. Subject to the terms of this Section 2.1(e), during the Term of this Lease, Tenant shall have the right to connect its equipment in the Premises to the Building Generator and to use the applicable electrical capacity set forth in the Base Building Work Matrix. The type and manner of connection of Tenant’s connection to the Building Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any connection to the Building Generator shall be at the sole cost and expense of Tenant. Any and all use by Tenant of the Building Generator shall be subject to such rules and guidelines as may be adopted from time to time by Landlord with respect thereto, and to all applicable Laws. Any and all work and improvements performed by Tenant in connection with the Building Generator (including installing, repairing, operating and removing conduits and connections from the Building Generator to the Premises) shall be considered to be an Alteration and shall be subject to Landlord’s review and prior written approval in all respects. The use of the Building Generator will be provided on an “as is,” “where is” basis, with no representations or warranties, of any kind, with respect to the Building Generator. Without limitation, in no event shall Tenant have a claim for any compensation or reduction or abatement of Rent arising out of or resulting from any interruption or failure of operation of the Building Generator. Notwithstanding the foregoing, Landlord may elect, at its sole cost and expense, any time or from time to time, upon not less than thirty (30) days prior notice to Tenant, to substitute an alternative generator (an “Alternative Generator”) in the Building for the Building Generator, and to relocate Tenant’s connections from the Building Generator to such Alternative Generator, in which event the Alternative Generator shall be considered to be the “Building Generator” for all purposes under this Lease.
Building Generator. Tenant shall have the exclusive right to use the back-up generator that currently services the Building (the “Building Generator”) as a back-up power source for the Leased Premises, provided that (a) the Building Generator (and the use thereof) is in compliance with all of the terms and conditions of this Lease, (b) the Building Generator (and the use thereof) is in compliance with any and all applicable laws, statutes, ordinances, regulations and protective covenants, and (c) Tenant maintains the Building Generator in good condition and repair. Landlord shall have no obligation, whatsoever, to replace the Building Generator or perform any repairs to the Building Generator and any use of the Building Generator by Tenant shall be at Tenant’s sole risk and expense. Tenant shall have the right to periodically test the Building Generator during the Lease Term.
Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the "Generator"), for Tenant’s Share of the Generator’s capacity (after accounting for any Building Common Area requirements) to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, and Tenant shall be responsible for a share of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom.
Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the existing Building back-up generator (the “Generator”), to provide back-up generator services to the Premises. During the Lease Term and any renewal terms, Landlord shall maintain the Generator in good working order, condition and repair. The costs of operation, maintenance, and repair of the Generator shall be included in Operating Expenses to the extent provided in Section 4.2.4, and Tenant shall be fully responsible for Tenant’s Share of any costs with respect thereto. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Landlord shall, upon written request from Tenant (not more frequently than once per calendar year), make available for Tenant’s inspection the maintenance contract and maintenance records for the emergency generators for the 12-month period immediately preceding Landlord’s receipt of Tenant’s written request. Prior to the expiration of the first (1st) Lease Year, Landlord will be responsible to replace the Generator with a new generator providing 600KW of back-up electricity, at Landlord’s sole cost and expense (the “New Generator”). Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an Operating Expense), make any required material repairs to or replacement of the New Generator during the initial Lease Term (the “Generator Warranty”), provided that the need to repair or replace was not caused by Tenant Damage. The Generator Warranty shall not apply to routine maintenance and repair costs, which costs shall be included in Operating Expenses.
Building Generator. Landlord shall continue to maintain an emergency electrical back-up generator and life/safety systems back-up generator that serve the Building. Landlord grants Tenant the right to connect to Landlord’s emergency generator located on the rooftop of the Building, to the extent Landlord’s generator has capacity to support Tenant’s usage as reasonably determined by Landlord, through the outlets existing in the Premises as of the Execution Date.”
(g) Section 5.12 is hereby deleted in its entirety and replaced with the following:
Building Generator. The Building is equipped with a 800 kw standby generator (the “Building Generator”) which is utilized for building-wide emergency systems. Tenant shall be permitted to use its proportionate share (i.e., based on the Premises rentable square footage) of the Building Generator’s available capacity for Tenant’s “special needs” areas. If Tenant requires additional generator capacity, Landlord shall use reasonable efforts to accommodate Tenant’s needs. Tenant acknowledges that the life safety loads shall remain priority one in the Building Generator
Building Generator. (1) At Tenant’s option, Landlord shall make the currently unused emergency generator located at the ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ building (the “Offsite Building Generator”) available for the exclusive use of Tenant for the purpose of providing emergency electric power service (“EPS”) to the Premises, for a minimum term (the “EPS Term”), measured from the date Tenant connects to the Transfer Switch (defined below), through the Term of this Lease. To Landlord’s knowledge, the Offsite Building Generator is currently configured for 480v output, however, Landlord does not represent or warrant that the Offsite Building Generator will perform in accordance with such configuration or is suitable for Tenant’s use, and Tenant will accept the Offsite Building Generator in its “as-is” condition. Landlord shall not be liable in any way to Tenant for any delay, interruption, failure, variation or defect in or with regard to the Offsite Building Generator or EPS, and in no event shall Landlord be liable to Tenant for special, indirect or consequential damages which may result from any such delay, interruption, failure, variation or defect, except to the extent caused by Landlord’s or its employee’s, contractor’s or agent’s gross negligence or willful misconduct or breach of this Lease. If Tenant elects to use the Offsite Building Generator, Tenant, at Tenant’s cost, may perform the work necessary to ‘step down’ any EPS provided by the Offsite Building Generator to the Premises as may be necessary to EPS, all in
(i) an automatic transfer switch (the “Transfer Switch”) in the Premises at a location to be designated by Tenant and reasonably satisfactory to Landlord, to supply the EPS to the Premises at connection points dedicated exclusively to Tenant, and (ii) a connection from the Offsite Building Generator to the Transfer Switch.
(2) Tenant shall pay all actual costs and expenses incurred in making EPS available to the Premises, including the costs to furnish and install the Transfer Switch and all cabling and other devices necessary to connect the Offsite Building Generator to the Transfer Switch, as well as the commercially reasonable fees of any consultant or engineer retained by Landlord to monitor the performance of Tenant’s work; and
(3) Tenant shall not transfer or assign the right to receive EPS service except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Section 43, and under no circumstances shall this right be...
Building Generator. Tenant is currently using and maintaining the generator that is on the roof of the Building pursuant to Landlord’s prime lease with EarthLink and the EarthLink Sublease. Landlord agrees that Tenant’s use of such generator shall continue during its lease term herein with Landlord, subject to the maintenance and repair conditions set forth in this Section. 16. Tenant shall have no obligation to remove the EarthLink generator as of the Lease Expiration Date.