Common use of Building Generator Clause in Contracts

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 their former condition. Notwithstanding the foregoing, in no event shall Tenant or its agents and/or contractors physically access the Generator without the prior written consent of Landlord. Landlord may elect to cause any installations on Tenant’s behalf involving the Generator to be performed by contractors selected by Landlord, and any resulting costs shall be payable by Tenant to Landlord together with administrative overhead charge equal to 15% of the foregoing costs. Except on a temporary basis as reasonably needed due to repairs, maintenance, replacement and operation of the Generator, Landlord will not discontinue Tenant’s use of the Generator unless (i) the Lease or Tenant’s possession of the Premises are terminated in accordance with the Lease or (ii) Tenant fully vacates or abandons the Premises. Further, the Landlord will notify the Tenant in writing after the Landlord receives any notice from any governmental entity(s) imposing a requirement that will result in Tenant’s allocated capacity being reduced. Tenant shall, at such point, have the reasonable opportunity to participate in the Landlord’s discussions with such governmental entity to determine whether there is a commercially reasonable alternative to any such reduction in Tenant’s allocated capacity unless Landlord reasonably determines that Tenant’s participation will impair Landlord’s negotiations with the governmental entity. B. Except for ongoing maintenance costs referenced below, all costs related to the Generator shall be shared by Tenant and Other Tenant. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant and Other Tenant on the Generator. The costs to be shared by Tenant and Other Tenant include, without limitation, consultant fees, attorneys fees, design fees together with costs of purchasing and installing the Generator and Landlord’s administrative overhead charge equal to 15% of the foregoing costs. C. Ongoing maintenance costs (including Landlord’s administrative overhead charge equal to 15% of such maintenance costs) related to operation of the Generator shall be shared by Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Landlord agrees that it will not permit any party other than Landlord to utilize capacity of the Generator to an extent that capacity of the Generator available to Tenant is less than 100 KVA. Notwithstanding the foregoing, Landlord agrees that it will not permit any party (other than Landlord under the governmental requirements exception set forth in 2A above) to utilize capacity of the Generator to the extent that capacity of the Generator available to Tenant is less than 100 KVA. D. Landlord shall, from time to time, invoice Tenant for its share of the costs regarding the Generator as described above, and Tenant shall pay such invoice within 30 days following receipt of same. Notwithstanding anything herein or in the Lease to the contrary, Landlord’s share of ongoing maintenance costs related to operation of the Generator are properly included by Landlord in Basic Costs. E. Landlord shall not be liable, except in cases of Landlord’s willful misconduct, for any damages directly or indirectly relating to the Generator, including without limitation, any failure of the Generator to operate. No such failure shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under the Lease, nor shall the same entitle Tenant to any abatement of Rent or any right to terminate the Lease. Moreover, no such failure shall subject Landlord to any liability for Tenant’s damages resulting from such failure (which damages may include, without limitation, lost productivity, loss of business and damage to any of Tenant’s equipment), and Tenant hereby expressly waives any such damages. Landlord has not made and hereby expressly disclaims any representation or warranty regarding operation of the Generator or its fitness for any of Tenant’s purposes. Tenant shall indemnify and hold harmless Landlord from any liability in connection with Tenant’s use of the Generator which is either improper or in violation of this Second Amendment.

Building Generator. A. Pursuant The Building contains a back-up generator to request by Tenant and Nextel South Corp provide emergency power (the “Other TenantLandlord’s Generator”), Landlord agrees to install a Building generator (the “Generator”) having a minimum capacity of 275 KVA. which shall be maintained by Landlord, at Landlord’s agreement is subject sole cost and expense (except to Landlord receiving all governmental permits and approvals applicable the extent includable in Operating Cost pursuant to such installationSection 7). At Tenant’s request Tenant shall be entitled to have connect Tenant’s life safety systems in the Premises served by an amount to Landlord’s Generator solely for the purpose of load on providing emergency back-up power to Tenant’s life safety systems in the Generator which does not exceed Premises; provided that the amount as requested by Tenant tie-in and approved by Landlord. Tenant’s use of the Landlords Generator is subject to (i) Landlord’s rules and regulations which it adopts from time to time and does not affect the structure of the Building, the roof of the Building, the warranty for the roof of the Building or the safety of the Building; (ii) Tenant obtaining all governmental permits and approvals applicable to such use. Tenant’s use does not affect the electrical, mechanical or any other system of the Generator is also subject Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; and (iv) complies with all applicable governmental requirements Legal Requirements and all easements, agreements, covenants, conditions and restrictions of record which relate to the Building and/or the Land, including, without limitation, requirements which directly or indirectly necessitate a reduction in the permitted amount of Project Documents. 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 connection to Landlord’s adoption Generator shall be deemed a Material Alteration, subject to the provisions of rules and regulations, Section 12 with respect thereto. Landlord will not reduce the capacity allotted shall make available to Tenant below 100 KVA. In the event (at no charge to Tenant) such shaft space and riser space as Tenant uses more of the Generator capacity than is approved in writing by Landlord (as such amount may be subsequently reduced due reasonably require for Tenant 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 Tenantconnect Landlord’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 their former condition. Notwithstanding the foregoing, in no event shall Tenant or its agents and/or contractors physically access the Generator without the prior written consent of Landlord. Landlord may elect to cause any installations on Tenant’s behalf involving the Generator to be performed by contractors selected by Landlord, and any resulting costs shall be payable by Tenant to Landlord together with administrative overhead charge equal to 15% of the foregoing costs. Except on a temporary basis as reasonably needed due to repairs, maintenance, replacement and operation of the Generator, Landlord will not discontinue Tenant’s use of the Generator unless (i) the Lease or Tenant’s possession of the Premises are terminated in accordance with this Section 48, and provide Tenant with access to Landlord’s Generator twenty-four (24) hours a day, seven (7) days a week. Tenant shall ensure that the Tenant’s work related to and use of Landlord’s Generator does not interfere with any other equipment serving the Building or any portion thereof. All of the terms and provisions of this Lease relating to Alterations, compliance with Legal Requirements, insurance, indemnity, repairs and maintenance shall apply connections, conduit or (ii) Tenant fully vacates or abandons equipment installed pursuant to this Article 48, as if the same were part of the Premises. Further, the Landlord will notify the Tenant in writing after the Landlord receives makes no representations or warranties of any notice from any governmental entity(s) imposing a requirement that will result in Tenant’s allocated capacity being reduced. Tenant shall, at such point, have the reasonable opportunity kind with respect to participate in the Landlord’s discussions with such governmental entity to determine whether there is a commercially reasonable alternative to any such reduction in Tenant’s allocated capacity unless Landlord reasonably determines that Tenant’s participation will impair Landlord’s negotiations with the governmental entity. B. Except for ongoing maintenance costs referenced below, all costs related Generator and subject to the Generator terms and conditions of Section 9(g) herein, shall be shared by Tenant and Other Tenant. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant and Other Tenant on the Generator. The costs to be shared by Tenant and Other Tenant include, without limitation, consultant fees, attorneys fees, design fees together with costs of purchasing and installing the Generator and Landlord’s administrative overhead charge equal to 15% of the foregoing costs. C. Ongoing maintenance costs (including Landlord’s administrative overhead charge equal to 15% of such maintenance costs) related to operation of the Generator shall be shared by Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Landlord agrees that it will not permit any party other than Landlord to utilize capacity of the Generator to an extent that capacity of the Generator available have no liability to Tenant is less than 100 KVA. Notwithstanding the foregoingof any kind related thereto, Landlord agrees that it will not permit any party (other than Landlord under the governmental requirements exception set forth in 2A above) to utilize capacity of the Generator except to the extent that capacity of the Generator available to Tenant is less than 100 KVA. D. Landlord shall, from time to time, invoice Tenant for its share of the costs regarding the Generator as described above, and Tenant shall pay such invoice within 30 days following receipt of same. Notwithstanding anything herein or in the Lease arising due to the contrary, Landlord’s share negligence or willful misconduct of ongoing maintenance costs related to operation of the Generator are properly included by Landlord in Basic Costs. E. Landlord shall not be liable, except in cases of Landlord’s willful misconduct, for any damages directly or indirectly relating to the Generator, including without limitation, any failure of the Generator to operate. No such failure shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under the Lease, nor shall the same entitle Tenant to any abatement of Rent or any right to terminate the Lease. Moreoverof its agents, no such failure shall subject Landlord to any liability for Tenant’s damages resulting from such failure (which damages may include, without limitation, lost productivity, loss of business and damage to any of Tenant’s equipment), and Tenant hereby expressly waives any such damages. Landlord has not made and hereby expressly disclaims any representation employees or warranty regarding operation of the Generator or its fitness for any of Tenant’s purposes. Tenant shall indemnify and hold harmless Landlord from any liability in connection with Tenant’s use of the Generator which is either improper or in violation of this Second Amendmentcontractors.