Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator.
2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease.
3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in acco...
Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity to provide 4 xxxxx of electricity per rentable square foot of the Premises, and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per month as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Landlord shall, upon written request from Tenant, make available 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. Landlord shall have no obligation to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.
Emergency Generator. (a) Tenant, at its sole cost and expense and subject to the terms of this Lease, shall have the right to operate and maintain life safety, emergency, and business sustainability generators and related equipment (collectively, the "Generators") located in the Leased Premises. Tenant shall operate and maintain the Generators in accordance with all federal, state and local laws and regulations and with any protective covenants. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to operate and maintain the Generators and shall provide copies thereof to Landlord. Tenant shall at all times keep the Generators and the surrounding area in a clean and orderly condition.
(b) Tenant, at its sole cost and expense, shall be responsible for removing non-life safety generators and the screening surrounding non-life safety generators and for restoring the Building and/or Common Areas affected by non-life safety generators and screening to their original condition after such removal. Tenant agrees, within thirty (30) days after written notice from Landlord, to remove the non-life safety generators and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant fails to remove non-life safety generators and screening surrounding same from the Building or Common Areas upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided above, non-life safety generators and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord, or Landlord may remove the same at Tenant's expense.
Emergency Generator. Subject to the TCCs hereof and Applicable Laws, Tenant shall have the right, at Tenant sole cost and expense but without any additional payment to Landlord, to install and operate an emergency generator (the “Generator”) in an area designated by Landlord (the “Generator Area”), in order to provide emergency electricity service to the Premises. Landlord shall deliver, and Tenant shall accept, the Generator Area in its “as-is”, “where-is” condition. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and agrees that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in either Building. Tenant shall be entitled to operate the Generator, and such connections to either Building, for testing and regular maintenance at times reasonably approved by Landlord. Tenant shall comply with all reasonable requirements imposed by Landlord so that the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to or connected with the use, operation or repair of the Generator, and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the Generator or any breach of the TCCs of this Article 22, provided that the TCCs of the foregoing indemnity shall not apply to the active negligence or willful misconduct of Landlord. In the event that Tenant shall fail to comply with the...
Emergency Generator. (a) Subject to Landlord’s prior written approval of the design and specifications therefor (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right, at its sole cost and expense (except to the extent to which the installation cost thereof is paid through the Landlord’s Allowance), to install, operate, repair, maintain and replace a back-up generator reasonably necessary for Tenant’s requirements including natural gas or fuel supply and tank therefor reasonably necessary for Tenant’s requirements (not to exceed applicable code requirements), and all reasonably necessary cabling and related appurtenances (collectively, the “Generator”) to serve the Premises at the location identified on Exhibit A attached hereto or in a location in or around the Building or the Parking Facilities as otherwise agreed upon by the parties, if Tenant elects to install the Generator.
(b) No Rent shall be charged to Tenant for the area to be occupied by the Generator and the areas required to connect the Generator to the appropriate locations within the Premises (but if the Generator occupies any parking spaces in the Parking Facilities, such spaces shall reduce the required Parking Allotment by the number of such occupied spaces). Tenant will be solely responsible for all utility charges incurred with respect to the Generator, as separately metered (at Tenant’s expense).
(c) Except to the extent the Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of the Generator and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date(s) Tenant’s proposed plans and specifications relating to the installation, operation and use of the Generator and all associated lines. Except to the extent the Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, Tenant may not commence any work to install a Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and restrictive covenants affecting the Property and Landlord’s reasonable directives relating to the installa...
Emergency Generator. Subject to Tenant's compliance with all Applicable Laws and Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to install, at Tenant's sole cost and expense, an above-ground emergency generator (as a Miscellaneous Common Area Item) for Tenant's use in the Building. Such emergency generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Building. Tenant shall be entitled to operate the emergency generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Landlord's consent to Tenant's plans for the emergency generator may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the systems and equipment of the Building are not adversely affected. Any repairs and maintenance of such generator shall be the sole responsibility of Tenant. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant's sole cost and expense, remove the emergency generator and all associated cabling and wiring and repair all damage resulting from such removal. Landlord makes no representation or warranty with respect to the emergency generator or its suitability for use by Tenant and Article 10 of the Lease shall apply with respect to Tenant's use, maintenance, repair and operation of the emergency generator.
Emergency Generator. (a) Landlord shall provide 800 amperes of emergency electric power service “EPS”) to Tenant for use in the Premises from the Building emergency electric generator (the “Generator”) as provided in this Section 9.6. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch.
(b) Tenant shall pay to Landlord an annual fee (the “EPS fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in the amount of $100.00 per ampere per year, subject to increase pursuant to Section 9.6(c) below. The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the Term. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.6.
(c) For purposes of this Lease, (i) the term “CPI” means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if the CPI or any successor index shall cease to be published, Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the term “CPI Fraction” means, as of each January 1st during the Term (an “Adjustment Date”), a fraction (A) the numerator of which is the sum of (I) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal to the product ...
Emergency Generator. Landlord hereby approves the construction, installation, operation, maintenance and use of any or all (as determined by Tenant) of (1) one diesel back-up emergency generator and (2) one uninterrupted power source system and (3) one fuel storage tank and pipes and connections thereto ((1), (2) and (3) collectively, the “Emergency Generator”), all in accordance with specifications reasonably approved by Landlord, and hereby grants Tenant the appurtenant right, at Tenant’s sole cost and expense, to (a) construct, install, operate, maintain and use the Emergency Generator in the location shown on Exhibit H attached hereto (the “Generator Space”), and (b) construct, run, install, operate, maintain, and use conduits, wires and other appurtenances to and from the Emergency Generator through the Common Areas of the Building reasonably designated by Landlord to the Premises (collectively, the “Appurtenances”), and (c) use the Emergency Generator (in instances where emergency power is required by Tenant) and to test at other times and intervals as advised by the manufacturer or as required by law or as reasonably agreed upon by Landlord and Tenant). Tenant’s use and maintenance of the Emergency Generator shall at all times comply will all applicable laws. Tenant acknowledges that Tenant shall be solely responsible for the use, operation and maintenance and securing of the Emergency Generator, that Landlord shall have absolutely no liability in connection therewith except damage caused to the Emergency Generator by Landlord’s gross negligence or willful misconduct, and that Tenant shall defend, indemnify and hold Landlord harmless from all loss, cost, liability and expense in connection with the Emergency Generator except to the extent due to Landlord’s gross negligence or willful misconduct. Notwithstanding the foregoing or anything in this Lease to the contrary, upon the Expiration Date or the earlier termination of the Lease or Tenant’s use of the Generator Space, Tenant shall have no obligation to remove the Emergency Generator or any ancillary equipment relating thereto from the Generator Space, but may do so if Tenant so chooses. Tenant agrees that the term “Premises,” as used in the Lease, shall include the Generator Space.
Emergency Generator. A. Without waiver of the provisions of the first paragraph of this Section 6.2.5, Tenant shall have the right, at its sole expense, to install, maintain, repair, replace and operate an emergency generator having a capacity no greater than what is then permitted by the applicable local building code (the generator is referred to as the “Generator”) in a mutually acceptable location on the roof of the Building (the “Generator Area”), provided Tenant shall promptly repair any damage caused to the Building caused by reason of such installation and operation. Tenant shall not install the Generator in the Generator Area without Landlord’s prior approval of the manner of and the plans and specifications for such installation and screening if reasonably required by Landlord. If such installation shall result in an increase in premiums for Landlord’s insurance coverage for the Building, then Tenant shall be liable for the increase as Additional Rent hereunder. The installation, maintenance and operation of the Generator shall be at Tenant’s sole cost and expense, and shall be performed in accordance with all applicable laws and requirements of applicable governmental authorities, and otherwise in accordance with the terms of this Lease.
Emergency Generator. Tenant shall have the right (but only to the extent permitted by the City of San Mateo and all agencies, governmental and quasi-governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to install and operate one (1) emergency electrical generator (each, a “Generator”) along with all associated equipment, including fuel tanks and any necessary cables (“Generator Associated Equipment”), to serve the Premises, in areas designated by Landlord (the “Generator Space”) for the Term of this Lease (the Generator and Generator Associated Equipment are hereinafter collectively referred to as the “Generator Equipment”). The manufacturer, the type, size, and quality of the Generator Equipment, the substance to be stored in the Generator, all safety and monitoring, equipment, the method and manner of installation, and all other matters material to the installation of the Generator Equipment, including, without limitation, all Building penetrations, are subject to Landlord’s prior written approval; provided, however, that all of the Generator Equipment and any modifications thereto or placement thereof shall be (i) at Tenant’s sole cost and expense, (ii) installed and operated to Landlord’s reasonable specifications and supervision or review, and (iii) installed, maintained, operated and removed in accordance with all Recorded Documents and Applicable Laws. The Generator Equipment shall remain the property of Tenant and Tenant shall remove the Generator Equipment upon the expiration or earlier termination of the Lease. Tenant shall restore the Generator Space and any other portion of any Building affected by the Generator Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to Casualty. Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Generator Equipment except together with any assignment or sublease of the Premises as more particularly set forth in Paragraph 14. Each of the other provisions of this Lease shall be applicable to the Generator Equipment and the use of the Generator Space by Tenant, including without limitation, Paragraph 4.4 [Hazardous Materials], Paragraph 8[Insurance and Indemnification], 9 [Waiver of Subrogation] and of this Lease. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs...