Common use of Emergency Generator Clause in Contracts

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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.

Emergency Generator. (a) TenantTenant shall have the right, subject to compliance with all Governmental Requirements, to install and use an emergency generator for the Demised Premises, subject to Landlord’s review and prior approval of Txxxxx’s the location, type, method of installation, screening, and plans and specifications therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity such approval to be reasonably approved by given or withheld in Landlord’s sole discretion. If Landlord approves such request, Tenant’s plans for the Generator shall include a secondary containment system to protect against installation and contain any release use of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator emergency generator shall be subject to Landlord’s approval the following conditions: (i) Tenant shall comply with all applicable laws and requirements in connection with the installation and operation of the manner in which emergency generator; (ii) unless the Generator is installedparties otherwise agree, the manner emergency generator shall be disconnected and removed (including any related equipment, screening, wiring, conduit or other items) by Tenant, and any damage caused by such removal shall be repaired, at Tenant’s sole cost and expense, upon surrender of the Demised Premises, and in which default thereof, Landlord may effect said removal and repairs at Tenant’s expense; (iii) the use of the emergency generator shall not create any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 hazardous condition or sound disturbances from interfere with or impair the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures Building systems or sound installation. Landlord shall have utilities or other systems or facilities for the right to require an acceptable enclosure to hide or disguise Building; (iv) the existence installation and use of the Generator emergency generator shall be at Tenant’s sole cost and expense, including the cost of repairing all damage to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and any personal injury and/or property damage attributable to the Property. installation, inspection, maintenance, removal or replacement of any equipment or apparatus resulting therefrom; and (v) Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to any increased insurance costs incurred by Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining due to Tenant’s use of the Generator Areaemergency generator. Tenant shall also be responsible will obtain prior to installation, any and all licenses, approvals and permits required for the cost of all utilities consumed in the operation installation, maintenance and use of the Generatoremergency generator (and Landlord agrees to provide reasonable cooperation therewith, at no out-of-pocket expense to Landlord). Landlord shall have no repair or maintenance obligations with respect to the emergency generator. Tenant hereby agrees to indemnify, defend and hold Landlord and its employees, agents and contractors harmless from any loss, costs and damages (including reasonable attorneys’ fees and costs) suffered by Landlord, its agents, employees or contractors, as a result of any claim by a third party, its agents, employees or contractors arising from Tenant’s installation, operation, use or removal of the emergency generator. This indemnity shall survive the expiration or earlier termination of this Lease.

Emergency Generator. (a) TenantFor the duration of the Lease Term and any Option Term, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install use a supplemental fuel tank backup generator with a capacity of approximately 300 KW (the “Emergency Generator” which term shall include associated power and fuel lines”), to provide emergency additional electrical capacity which Landlord shall, at it’s sole cost and expense, purchase in “new” condition, install and hook up next to the Premises during at the rear of the Building. While Tenant shall not be obligated to pay any fee to Landlord for its use of such Emergency Generator, Tenant shall, at Tenant’s sole cost and expense, maintain and repair such Emergency Generator in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. Xxxxxx acknowledges and agrees that, notwithstanding Xxxxxx’s right to utilize the Emergency Generator as provided herein throughout the Lease Term and any Option Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator Tenant shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designateacquire no ownership interest therein. Notwithstanding the foregoing, Txxxxxin the event that the Emergency Generator becomes damaged, then, at Landlord’s right to install the option, Tenant shall either (i) repair or replace such Emergency Generator at Tenant’s sole cost and expense, provided that any replacement shall be subject made with reasonably comparable components, or (ii)pay to Landlord (promptly following demand therefor by Landlord’s approval of ) the manner in which reasonable repair and/or replacement costs associated with the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run damage 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 such Emergency Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator reasonable wear and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generatortear excepted. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation remove any part of the GeneratorEmergency Generator without Landlord’s prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. In addition to, and without limiting Tenant’s obligations under Upon the Leaseexpiration or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Emergency Generator. Such Emergency Generator shall, in all instances, and at Tenant’s sole cost and expense, comply with all applicable environmental governmental laws, codes, rules and fire prevention Laws pertaining to Tenant’s use of the Generator Arearegulations. Tenant shall also not be responsible entitled to license the Emergency Generator to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration for the cost use of all utilities consumed in the operation such Emergency Generator by an unrelated third party. Tenant hereby expressly acknowledges Landlord’s continued right to (x) itself utilize any portion of the GeneratorBuilding where the Emergency Generator is located, and (y) re-sell, license or lease any such space to an unaffiliated third party.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install a supplemental tie into and use the emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit (the “Unit Generator” which term shall include associated power and fuel lines”), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator Tenant shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andresponsible, with respect to such associated power at its sole cost and fuel linesexpense, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoingfor installing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installedmaintaining, the manner in which any fuel pipe is installed, the manner in which any ventilation repairing and exhaust systems are installed, the manner in which any cables are run to and from the Generator to replacing its connection between the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Unit Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertyall associated cabling. Tenant shall be solely responsible for obtaining all necessary governmental permitted to use up to an average of three (3) xxxxx per square foot of usable area in the Premises from the Unit Generator, and regulatory approvals and for at no time shall Tenant exceed that use limitation with respect to the cost of installing, operating, maintaining and removing the Unit Generator. Except to the extent that Tenant shall ties into the Unit Generator as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of such tie-in 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 Tenant’s proposed plans and specifications relating to the tie-in to the Unit Generator and all associated lines. Tenant may not install or operate commence any work to tie into the Unit Generator until Tenant it has obtained received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and submitted to Landlord copies of all required governmental permitsspecifications. Tenant, licenses at its sole cost and authorizations necessary for the installation and operation of the Generator. In addition toexpense, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental Legal Requirements and fire prevention Laws pertaining Title Matters and Landlord’s reasonable directives relating to Tenant’s the installation, operation, maintenance and repair of such tie-in, including (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into and use of the Generator AreaUnit Generator. Tenant shall also be responsible may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the cost of all utilities consumed Permitted Use and in accordance with any applicable permit(s) pertaining to the operation Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the GeneratorDevelopment.

Emergency Generator. Although Landlord is the owner of emergency generator and related automatic transfer switches serving the Building and the 901 Building (a) collectively, the “Emergency Generator”), prior to the date of this First Amendment, Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have as the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 sole tenant of the Building and the Property901 Building, has been operating and maintaining the Emergency Generator. Tenant shall, on the date that is 1 day after the mutual execution and delivery of this First Amendment by the parties (“EG Transfer Date”), (x) deliver the Emergency Generator to Landlord in good working order with a full tank of diesel (y) assign to, transfer and deliver to Landlord all governmental permits and licenses (to the extent such permits and licenses are assignable), if any, warranties (to the extent assignable), operating and maintenance manuals, records and other documents concerning the Emergency Generator, and (y) terminate any service, maintenance or other contracts maintained by Tenant with respect to the Emergency Generator. Tenant has not been obligated to maintain a wastewater permit in connection with the Emergency Generator. With respect to any permit required for the Emergency Generator, Landlord acknowledges and agrees that Tenant has been in the process of obtaining a generator permit in connection with a Tenant permitting process underway with the Bay Area Air Quality Management District (“BAAQMD”) for the 901 Building, that Tenant will remove the generator from its permit application with BAAQMD, and that Landlord will need to obtain a generator permit from BAAQMD in its own name. To the best of Tenant’s knowledge, Tenant does not have any other permits in connection with the Emergency Generator. To the extent Tenant has current contracts with any vendors for the Emergency Generator, Tenant and Landlord shall reasonably cooperate to assign or terminate such contracts in the manner set forth in Section 14 above regarding utilities. To the extent it is not possible for Tenant to remove the request for a generator permit from its BAAQMD application or to assign or terminate any service maintenance or other contracts within 1 day after the mutual execution and delivery of this First Amendment, Tenant shall not be in default hereunder if Tenant promptly commences efforts to do so and diligently performs until such actions have been completed within a reasonable period after such date. Landlord shall, within 5 days of the EG Transfer Date, as part of Expenses, conduct such testing of the Emergency Generator required, in Landlord’s sole and absolute discretion, to determine whether the Emergency Generator is, in fact, in good working order. If such testing discloses that the Emergency Generator is not in good working order, Landlord shall have the right, at Tenant’s sole cost and expense, to perform any maintenance and/or repairs required to put the Emergency Generator in good working order. Following the EG Transfer Date, 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 current capacity of the Emergency Generator and Tenant shall be solely responsible entitled to Tenant’s share of the capacity thereof available for obtaining use by all necessary governmental tenants of the Building and regulatory approvals the 901 Building, collectively, in accordance with the rentable area of the Premises and the 901 Building and the collective rentable areas of the Building and the 901 Building occupied by such other tenants, (ii) to contract with a third party to maintain the emergency generators (“Emergency Generator Servicer”) as per the manufacturer’s standard maintenance guidelines, and (iii) to obtain and maintain licenses for the cost of installingemergency generators as required by applicable law. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, operating, oversee or confirm that the Emergency Generator Servicer or any other third party maintaining and removing the Generatoremergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall provide to Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses any reports received by Landlord from the Emergency Generator Servicer regarding its maintenance and authorizations necessary for the installation and operation repairs of the Generator. In addition toemergency generators; provided, and without limiting Tenanthowever, that in no event shall Landlord’s obligations failure to deliver such reports constitute a default by Landlord under the Lease. During any period of replacement, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use repair or maintenance of the Generator Areaemergency 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. Landlord shall also be responsible for provide Tenant with not less than five (5) business days’ notice of the cost of all utilities consumed scheduled disruption in the operation of the Generatoremergency generators. In the case of an emergency, Landlord shall provide Tenant with notice of any emergency disruption as soon as reasonably possible after Landlord becomes aware of the need for such emergency disruption.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of TxxxxxXxxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, TxxxxxXxxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during During the Term, in an electrical capacity Tenant, at no additional charge payable to Landlord but otherwise at Tenant’s expense, and subject to the provisions of this Lease and such reasonable rules and procedures as may be reasonably approved imposed by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel linesmay use, in such conduits or other areas as Landlord shall designate. Notwithstanding its current location(s), the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval entirety of the manner in which system containing the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to generator that serves the Premises and is located outside the measures that will be taken Building (collectively, the “Emergency Generator”). The Emergency Generator is accepted by Tenant in its condition and configuration existing on the date hereof, without any obligation of Landlord to eliminate perform or pay for any vibrations repairs or sound disturbances from alterations to the operation Emergency Generator, and without any representation or warranty regarding the condition of the Generator, including, without limitation, any necessary 2 hour rated enclosures Emergency Generator or sound installation. Landlord shall have the right to require an acceptable enclosure to hide its suitability for Tenant’s business 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 Building and the Propertyuse. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for pay the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 costs of all utilities consumed in the operation of the Emergency Generator, together with the costs of installing such meter(s) as may be necessary to measure such consumption. The areas in which the Emergency Generator is located shall be used only for the operation and maintenance of the Emergency Generator and kept reasonably free of debris. The Emergency Generator shall remain Landlord’s property. Tenant shall ensure that its operation and maintenance of the Emergency Generator shall not damage the Premises, Building or Project and shall comply with all applicable Laws. To the maximum extent permitted by Law, Tenant’s use of the Emergency Generator shall be at Tenant’s sole risk. Tenant shall use and maintain the Emergency Generator in such a manner as to avoid any unreasonable interference with any other tenants of the Project or Landlord or any occupants of adjacent property. Any alterations to the Emergency Generator or the areas in which the Emergency Generator is located shall be governed by Sections 7.2 and 7.3 of this Lease. Tenant’s obligations under Section 7.1 of this Lease shall apply, without limitation, to the Emergency Generator, all related equipment serving the Premises, and any cage or similar enclosure surrounding the Emergency Generator. The Emergency Generator shall be tested only at such times as Landlord shall reasonably approve, and all electricity generated by the Generator may be consumed only by Tenant in the Premises. Tenant shall have no right to assign its interest under this Section 9, or otherwise permit any other party to use the Emergency Generator, except in connection with an assignment of this Lease permitted under Section 14 of this Lease.

Emergency Generator. (a) Tenant, subject Subject to Landlord’s review approval, which shall not be unreasonably withheld or delayed, and approval subject to the TCCs of Txxxxxthis Section 29.37 and Article 8 of this Lease, Tenant may install, for Tenant’s plans thereforown use and at Tenant’s sole cost and expense, shall have but without the right to install payment of any Rent or a supplemental license or similar fee or charge, an emergency generator and related equipment (all such equipment defined collectively as the “Emergency Generator” which term shall include associated power and fuel lines)”) in, to provide emergency additional electrical capacity on or adjacent to the Premises during the Term, in an electrical capacity Building (such location to be reasonably approved by determined in conjunction with Landlord and Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materialsreasonable requirements). The Generator shall be placed in an area (location, physical appearance and the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on size of the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Emergency Generator shall be subject to Landlord’s approval of the manner in which the Generator is installedreasonable approval, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run Landlord may require Tenant 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 install screening around such Emergency Generator, includingat Tenant’s sole cost and expense, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertyas reasonably designated by Landlord. Tenant shall be solely responsible for obtaining all necessary governmental maintain such Emergency Generator, at Tenant’s sole cost and regulatory approvals and for expense. In the cost of installingevent Tenant elects to exercise its right to install the Emergency Generator, operating, maintaining and removing then Tenant shall give Landlord no less than sixty (60) days prior written notice thereof. Tenant shall reimburse to Landlord the reasonable costs actually incurred by Landlord in approving such Emergency Generator. Tenant shall not install or operate the remove such Emergency Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation within thirty (30) days of the Generatorexpiration or earlier termination of this Lease and shall repair any damage to the Building caused by such removal and return the affected portion of the Project’s parking, landscaping and driveway areas to their pre-Emergency Generator condition. In addition toSuch Emergency Generator shall be installed pursuant to plans and specifications approved by Landlord, and without limiting Tenant’s obligations under the Leasewhich approval will not be unreasonably withheld. Such Emergency Generator shall, Tenant shall in all instances, comply with all applicable environmental governmental laws, codes, rules 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 Generatorregulations.

Emergency Generator. (a) TenantSubject to the TCCs hereof and Applicable Laws, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right right, at Tenant sole cost and expense but without any additional payment to Landlord, to install a supplemental and operate an emergency generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed ”) in an area designated by Landlord (the “Generator Area”) measuring approximately 20’ x 20’ ), in order to be designated 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 on 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 roof and, 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 such associated power and fuel lines, in such conduits or other areas as Landlord shall designatethe Generator. Notwithstanding the foregoing, Txxxxx’s right to install the The Generator shall be subject 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’s approval . Tenant shall comply with all reasonable requirements imposed by Landlord so that the Building Systems or other components of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems Project are 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 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 necessary 2 hour rated enclosures cause related to or sound installationconnected 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 requirements set forth herein, without limitation of Landlord’s other remedies, (i) Landlord shall have the right to require an acceptable enclosure terminate Tenant’s rights with respect to hide or disguise the existence Generator, and/or (ii) Landlord shall have the right, at Tenant’s sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord. In the event the location of the Generator and is in the parking facilities, then Tenant’s right to minimize any adverse effect that rent the installation number of parking passes set forth in Section 9 of the Generator may have on Summary shall be reduced by the appearance number of parking spaces and partial parking spaces affected by the Building and the Property. Generator; provided that Tenant shall be solely responsible required to pay the prevailing rate for obtaining all necessary governmental each of the parking spaces and regulatory approvals and partial parking spaces affected by the Generator at such times during the Lease Term that Tenant is otherwise required to pay for the cost renting of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted its parking passes pursuant to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 GeneratorArticle 28 below.

Emergency Generator. From and after the date ------------------- Landlord tenders possession of the Premises to Tenant through the Term of this Lease, and any renewals or extensions thereof, but only for so long as Portal Software, Inc., or a Related Entity is the sole tenant of the Building, Landlord shall grant to Tenant the exclusive right (abut not the obligation) to (i) use the existing emergency generator and any and all related existing switching gear located in the Building's emergency generator plant (the "Emergency Generator") and (ii) allocate the use of the electrical capacity of such Emergency Generator between the Premises and those certain premises occupied by Tenant pursuant to the CCCV Lease (the "CCCV Premises") at Tenant's discretion. Landlord agrees to cooperate with Tenant, subject to Landlord’s review at Tenant's sole cost and approval of Txxxxx’s plans thereforexpense, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power with Tenant's efforts, conducted at Tenant's sole cost and fuel lines)expense, to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved (y) obtain access rights ("Transmission Easement") across any real property owned or controlled by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to third parties located between the Premises and the measures that will be taken CCCV Premises and (z) construct any and all conduits, cabling and junction boxes or other electrical apparatus necessary to eliminate any vibrations or sound disturbances link the Premises with the CCCV Premises for purposes of transmitting backup power from the operation Emergency Generator ("Transmission Facilities"), all of which Transmission Facilities shall be installed pursuant to the terms of Article 5 and are hereby deemed to be Alterations that affect a Building System; provided that, as Landlord's sole contribution toward the cost of installing the Transmission Facilities, if Tenant so installs the Transmission Facilities, Landlord shall grant to Tenant a credit against the Review Fee payable by Tenant pursuant to Section 1(g) of the Workletter Agreement, which credit shall be in the amount of Seventeen Thousand Dollars ($17,000.00). Landlord hereby disclaims any responsibility whatsoever for the condition of the Emergency Generator or its fitness or suitability for Tenant's use or intended purpose and Tenant shall accept the Emergency Generator in its "as is" condition with all faults, including any deferred maintenance and, except to the extent caused by the active negligence or willful misconduct of Landlord or Landlord's Agent, but subject in all cases to the provisions of Section 31.18 of this Lease, Tenant hereby assumes all risks arising from Tenant's use of the Emergency Generator. Tenant acknowledges that Landlord makes no representation nor warranty concerning Tenant's ability to obtain the Transmission Easement or any approvals from Governmental Authorities necessary to construct the Transmission Facilities. If Tenant so elects to use the Emergency Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining performing any maintenance or repair to the Emergency Generator which may be necessary or required to address any deferred maintenance or otherwise necessary to bring the Emergency Generator up to proper running order in compliance with all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the GeneratorRequirements. In addition toto the foregoing, and without limiting Tenant’s obligations under during any such periods as Tenant elects to so utilize the LeaseEmergency Generator, Tenant 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 performing, or causing to be performed, at Tenant's sole cost of all utilities consumed in the operation and expense, (1) weekly testing of the Emergency Generator; (2) periodic replenishing of any fuel consumed by the Emergency Generator during any periods in which it is run; and (3) any and all inspections, maintenance or repairs to the Emergency Generator necessary to keep it in proper running order consistent with standards applicable to office buildings located in Cupertino, California comparable to the Building.

Emergency Generator. (a) TenantSubject to the terms hereof and applicable Laws, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install a supplemental one (1) emergency electrical generator (the “Generator” which term ”) to service the Premises in an area adjacent to the Building (the specific location of the Generator shall include associated power and fuel linesbe reasonably designated by Landlord [the “Generator Area”]). Except as specifically set forth in this Section 26.42 below, to provide emergency additional electrical capacity Tenant shall not be charged any Rent for the use of the Generator Area. All connections (cables, cable trays, etc.) PEN XXXXXXX -00- 0000 Xxxxxxx Xxxx., Xxxxxxxx X [Awesomeness TV] from such Generator to the Premises during the Term, shall be located in an electrical capacity to be areas reasonably approved by Landlord. The Generator shall be screened by Tenant, at Tenant’s plans sole cost and expense, which screening shall be aesthetically consistent with the overall design, architecture, construction and aesthetics of the Project and a first class creative office complex (evaluated relative to the Comparable Buildings). 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 any and all costs, if any, incurred by Landlord as a result of or in connection with Tenant’s installation, operation, use and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within thirty (30) days following billing therefor. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, and at Tenant’s sole cost and expense, Landlord shall permit Tenant to install and maintain the Generator in the Generator Area, and connections between the Generator and Landlord’s electrical systems in the Building, all in compliance with all applicable Laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, repair and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the Building Systems) shall include a secondary containment system be subject to protect against the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for all maintenance and contain repairs and compliance with Laws obligations related to the Generator and acknowledges and that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any release of hazardous materialsdamage that may occur with respect to the Generator. The Generator shall be placed used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in an area (the “Building. Tenant shall be entitled to operate the Generator Area”) measuring approximately 20’ x 20’ and such connections to the Building 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 connections to the Generator and facilities related thereto to Landlord for Landlord’s consent, which consent will not be designated unreasonably withheld or delayed, and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord Landlord, based on the roof andadvice of Landlord’s engineers, so that the Building’s Systems or other components of the Building and Project are not adversely affected by the installation and operation of the Generator and/or based upon other reasonable factors as determined by Landlord. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s sole responsibility. All repairs and maintenance and compliance with Laws with respect to the Generator shall be the sole responsibility of Tenant (at Tenant’s sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such associated power and fuel linesGenerator. At Landlord’s option, in such conduits Landlord may require that Tenant upon the expiration or other areas earlier termination of the Lease, as Landlord shall designate. Notwithstanding the foregoing, Txxxxxamended (or upon any earlier termination of Tenant’s right rights with respect to install the Generator shall be subject to Landlord’s approval of as provided hereunder), either (i) leave in place the manner in which Generator, and all related facilities and equipment, or (ii) remove the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to all related facilities and from the Generator equipment and repair all damage to the Premises Building and/or Project resulting from such removal and the measures that will be taken restore all affected areas to eliminate any vibrations or sound disturbances from the operation their condition existing prior to Tenant’s installation of the Generator, all at Tenant’s sole cost and expense. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. Tenant shall indemnify, defend, protect, and hold harmless Landlord, and the Landlord Parties 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 installation, use, operation, repair and/or removal 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. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies, (A) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (B) Landlord shall have the right, at Tenant’s sole cost PEN XXXXXXX -00- 0000 Xxxxxxx Xxxx., Xxxxxxxx X [Awesomeness TV] and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within thirty (30) days following demand by Landlord, the Actual Cost expended by Landlord, plus a ten percent (10%) surcharge payable to Landlord on such costs to cover Landlord’s administrative costs. Tenant shall pay, as Additional Rent, all costs of Tenant’s use of Project utilities in connection with the Generator, which use, at Landlord’s option, shall be separately metered (and Tenant shall pay to Landlord the cost of such separate metering), including, without limitation, any necessary 2 hour rated enclosures electricity, water, gas, or sound installationheating, ventilation or air conditioning. Landlord Tenant shall have immediately cause the right to require an acceptable enclosure to hide removal of any Hazardous Materials released by, or disguise on behalf of, Tenant (including, without limitation, in connection with the existence of Generator) and return the Generator and and/or Project to minimize any adverse effect that the environmental condition as it existed prior to the installation of the Generator. Landlord has made no warranty or representation that the Generator may have on is permitted by applicable Law nor that the appearance of Generator Area is suitable for the Building Generator, and the Property. Tenant shall be solely responsible for assumes all liability and risk in obtaining all necessary governmental permits and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation use of the Generator. In addition toFurther, and without limiting Tenant’s obligations under during the Leaseentire portion of the Lease Term in which the Generator is located within the Project, Tenant shall comply with (a) obtain and maintain all applicable environmental permits in connection with the use and fire prevention Laws pertaining operation of the Generator and (b) keep the Generator in good working order and certified. Landlord may, upon at least fifteen (15) days’ prior written notice to Tenant, require Tenant to relocate the Generator Area, or a portion thereof, to another location designated by Landlord and reasonably acceptable to Tenant; provided, however, that a substitute location will not result in permanent loss or loss over an extended period of functionality of the Generator and so long as Landlord shall provide temporary back-up generator power during any such relocation. In such event, Landlord shall relocate the Generator to such substitute location at Landlord’s sole cost and expense at such time and in such manner as to inconvenience Tenant as little as reasonably practicable. All applicable provisions of this Lease shall apply to the Generator Area and Generator and Tenant’s use thereof, in the same manner as those provisions apply to the Premises. In the event of any conflicts between the provisions of this Section 26.42 and the remainder of this Lease, in connection with the interpretation of this Section 26.42 only, the provisions of this Section 26.42 shall govern. Accordingly, the Generator and the Generator Area shall be deemed to be a part of the Generator Area. Premises for purposes of the indemnity and insurance provisions of this Lease, and, in addition, Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generatormaintain, at Tenant’s cost, industry standard “boiler and machinery” insurance coverage with respect thereto.

Emergency Generator. Upon notice by Tenant to Landlord within sixty (a60) days following the Lease Commencement Date, Tenant shall have the right, at Tenant’s sole cost and expense, subject to Landlord’s review and approval the terms hereof, to install one (1) approximately kw backup emergency power generator unit to provide emergency power to the Premises (the “Generator”) in an area of Txxxxx’s plans thereforapproximately feet by feet, as set forth on Exhibit J attached to the Lease (the “Emergency Generator Area”). Tenant shall have the right to install terminate its right to use all or a supplemental generator portion the Emergency Area at any time upon not less than thirty (the “Generator” 30) days’ notice to Landlord, in which term event following such termination, Tenant shall include associated power and fuel lines), to provide emergency additional electrical capacity promptly remove Tenant’s Emergency Generator Equipment pursuant to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materialsterms hereof. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power physical appearance and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install all specifications of the Generator shall be subject to Landlord’s reasonable approval of and Landlord may require Tenant to install screening around the manner Generator, at Tenant’s sole cost and expense, as reasonably designated by Landlord. Tenant shall be responsible, at Tenant’s sole cost and expense, for (x) obtaining all permits or other governmental approvals required in which connection with the Generator is installedGenerator, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to (y) repairing and from maintaining and causing the Generator to comply with all applicable laws. In no event shall Tenant permit the Premises and Generator to interfere with the measures Building Systems or any other communications equipment at the Building that will be taken is located on or in the Building prior to eliminate any vibrations the installation of the Generator (or sound disturbances from reasonable substitutes therefor). In the operation of event Tenant elects to exercise its right to install the Generator, then Tenant shall give Landlord prior notice thereof and Landlord and Tenant shall execute an amendment to this Lease covering the matters addressed in this Article 31, the installation and maintenance of the Generator and the Generator Fuel Pad described in Section 31.2, Tenant’s indemnification of Landlord with respect thereto, Tenant’s obligation to remove the Generator (and restore the Emergency Generator Area to its previously existing condition) upon the expiration or earlier termination of this Lease, and other related matters. Subject to Landlord’s reasonable rules and regulations (including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Landlord’s reasonable notice requirements), Tenant shall be solely responsible for obtaining all necessary governmental permitted to access the Emergency Generator Area in order to install, repair and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 maintain the Generator.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right (but only to the extent permitted by the City of Sunnyvale and all agencies, governmental and quasi-governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to install a supplemental and operate an emergency electrical generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to ”) along with any necessary cables (“Cables”) on a portion of the Premises during the Term, in an electrical capacity Project to be reasonably approved by Landlord. Tenant’s plans Landlord (“Generator Space”) for the Term of the Lease (the Generator shall include a secondary containment system and Cables are hereinafter collectively referred to protect against and contain any release of hazardous materialsas the “Equipment”). The Generator shall be placed in an area (location and size of the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator Equipment shall be subject to Landlord’s approval approval, not to unreasonably withheld, conditioned or delayed, and which best promotes the safety, aesthetics and efficiency of the manner in which Equipment; provided, all of the Generator is 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, the manner maintained, operated and removed in which any fuel pipe is installed, the manner in which any ventilation accordance with all Recorded Matters and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will applicable Laws. No additional Rent shall be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence paid by Tenant for use of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation Space and operation of the GeneratorEquipment. In addition to, The Equipment shall remain the property of Tenant and without limiting Tenant’s obligations under Tenant shall remove the Equipment upon the expiration or earlier termination of the Lease, . Tenant shall comply restore the Generator Space and any other portion of any Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty. Tenant may not assign, lease, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in Section 14. Each of the other provisions of this Lease shall be applicable environmental to the Equipment and fire prevention Laws pertaining to Tenant’s the use of the Generator AreaSpace by Tenant, including without limitation, Sections 12, 13 and 27 of this Lease. Tenant shall also be responsible for indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Landlord may suffer or incur arising out of or related to the cost of all utilities consumed in the operation installation, use, operation, maintenance, replacement and/or removal of the GeneratorEquipment or any portion thereof.

Emergency Generator. (a) TenantSubject to the provisions of this Section 8.5, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right right, at its sole expense, to install a two emergency backup electrical generators and supplemental generator HVAC equipment (the “Emergency Generator” which term shall include associated power and fuel lines), ”) in the Park Place Project to provide emergency additional back-up electrical capacity service and HVAC services to Premises when electricity is not otherwise available to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materialsPremises. The Emergency Generator shall be placed in an area (located as shown on Exhibit “N” attached hereto. If Tenant elects to install the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andEmergency Generator, with respect to Tenant shall install such associated power and fuel tanks, fuel lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in such conduits or other areas the Premises and/or the Building (“Additional Electrical Equipment”) as Landlord shall designate. Notwithstanding may be necessary for the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval use of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 Emergency Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure approve plans and specifications for such Emergency Generator and the Additional Electrical Equipment (“Generator Plans”), which approval shall not be unreasonably withheld, and the schedule for Landlord’s review and response to hide the submission of such plans shall be as set forth on Schedule 1 to the Tenant Work Letter attached hereto as Exhibit “E”. Landlord shall provide reasonable access to a reasonable path for Tenant to run water, refrigeration, and power lines, pipes, and conduits from the approved Emergency Generator location to the Premises without material interference. Such Generator Plans shall include screening devices and other appropriate improvements reasonably required by Landlord to visually screen the Emergency Generator and Additional Electrical Equipment from view by visitors and tenants in the Park Place Project and to avoid the unreasonable penetration of noise or disguise vibration from such Emergency Generator and Additional Electrical Equipment into any other tenant’s or occupant’s premises or into the existence Common Area. Landlord’s prior written approval must be obtained by Tenant as to the location of the Emergency Generator and to minimize any adverse effect that Additional Electrical Equipment in the installation Park Place Project as well as the aesthetic and security aspects of the Emergency Generator may have on and the appearance Additional Electrical Equipment to make sure they are consistent with the quality of the Building and the PropertyPark Place Project, provided that (i) the location of the Emergency Generator shown on Exhibit “N” is hereby approved, and (ii) any aesthetic or security aspects of the installation of the Emergency Generator that are set forth on the Generator Plans approved by Landlord shall not require any further approval by Landlord hereunder. Landlord shall provide reasonable access to Tenant for the installation, connection and maintenance of the Emergency Generator and Additional Electrical Equipment. The Emergency Generator and Additional Electrical Equipment shall not create any adverse impact on the Building Systems or on the Park Place Project and must comply with (i) the Generator Plans as approved by Landlord, and (ii) applicable insurance regulations and Applicable Laws. No work on the installation of the Emergency Generator shall be undertaken unless and until Landlord has reviewed and approved the Generator Plans. After installation, at Tenant’s sole expense, Tenant shall insure the Emergency Generator and Additional Electrical Equipment as part of Tenant’s property consistent with the provisions of Section 11 below, and Tenant, through a contractor reasonably approved by Landlord, shall maintain and repair (and replace, if needed and if Tenant still desires to use the Emergency Generator, in accordance with specifications and at Tenant’s cost) the Emergency Generator and Additional Electrical Equipment in accordance with the provisions of Section 9.1. Upon expiration or any earlier termination of this Lease and all other leases under which Tenant occupies space in the Park Place Project, the Emergency Generator and Additional Electrical Equipment may be solely responsible for obtaining all necessary governmental and regulatory approvals and removed by Tenant provided Tenant can demonstrate that it paid for the cost of installingsuch Emergency Generator and Additional Electrical Equipment (by showing that Tenant paid a total amount for the costs of design and construction of its initial Tenant Improvements in the Premises under this Lease together with the tenant improvements constructed in other premises leased by Tenant in the Park Place Project and the Emergency Generator and Additional Electrical Equipment equal to or greater than the sum of (i) the original cost of the Emergency Generator and Additional Electrical Equipment plus (ii) the total Tenant Improvement Allowance paid by Landlord or its Affiliates to or on behalf of Tenant). If Tenant is permitted to remove, operatingand does remove the Emergency Generator and Additional Electrical Equipment, maintaining and removing the Generator. then Tenant shall repair all damage to the Park Place Project or any improvements therein caused by such removal, including removal of the diesel fuel tank and related equipment and restoration of the portion of the Common Area used to house such equipment. If Tenant cannot install demonstrate that it paid for the cost of the Emergency Generator and Additional Electrical Equipment, then such equipment shall be surrendered with the Premises and shall not be removed by Tenant upon expiration or operate any earlier termination of this Lease and the other leases under which Tenant leases premises in the Park Place Project. All testing, inspection, repair and replacement of the Emergency Generator until and Additional Electrical Equipment shall be conducted by Tenant has obtained and submitted upon reasonable prior notice to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition toor its Affiliate or on a schedule reasonably approved by Landlord or its Affiliate, and without limiting Tenant’s obligations under shall be conducted at such time(s) that will cause the least disruption to the operations of other tenants in the Park Place Project as is reasonably practicable. Upon the expiration or earlier termination of this Lease, Tenant shall comply provide Landlord and its Affiliates with all applicable a report from a qualified environmental and fire prevention Laws pertaining to consultant which confirms that there has been no leakage of diesel fuel outside of the diesel fuel tank installed by Tenant in connection with the Emergency Generator, or if there has been any such leakage, Tenant shall immediately remediate such leakage at Tenant’s use of the Generator Area. sole cost and expense and Tenant shall also be responsible for indemnify the cost of all utilities consumed Landlord Indemnified Parties in the operation of the Generatoraccordance with Section 10.3 with respect to such leakage.

Emergency Generator. (a) TenantA. Tenant shall have the right, subject to Landlord’s review 's weight stress, load bearing and ventilation requirements and at Tenant's sole cost and expense, to install and maintain an emergency generator and associated skid fuel tank in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such emergency generator and fuel tank. Additionally, subject to Landlord's prior written approval of Txxxxx’s plans thereforand specifications relating thereto, which approval shall not be unreasonably withheld, Tenant shall have the right to install a supplemental such wire, conduits, cables and other materials as necessary to connect such emergency generator to the Leased Premises (the “Generator” which term emergency generator, skid fuel tank and connecting material, being collectively referred to as the "Generator Installation"). Tenant shall include associated power be responsible for all costs and fuel lines), to provide emergency additional electrical capacity expenses arising from and relating to the Premises during the TermGenerator Installation. The Generator Installation shall be in compliance with all applicable federal, in an electrical capacity state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to be satisfy such requirement. Landlord agrees that Tenant and representatives designated by Tenant and reasonably approved by Landlord. Tenant’s plans for Landlord shall have reasonable access to the Generator Installation in order to install, operate, maintain, inspect and remove as required, the Generator Installation, except when reasonable safety and security requirements of Landlord preclude such access. Landlord shall include a secondary containment system not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the Generator Installation. Subject to protect against and contain any release Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of hazardous materials. The the Generator shall be placed Installation, Landlord reserves the right to lease space in an area (the “Generator Area”) measuring approximately 20’ x 20’ Project to be designated by Landlord on the roof andother tenants, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designatemay desire, for any purpose, including the installation and operation of a separate emergency generator. Notwithstanding the foregoingany contrary provision contained herein, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of relocate, at Landlord's sole expense, the Generator and Installation to minimize another location in the Project, as Landlord shall elect; provided, however, that no such relocation may result in any adverse additional cost or expense to Tenant or have any detrimental effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation Tenant's use and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 GeneratorInstallation.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install a supplemental tie into and use the emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit (the “Unit Generator” which term shall include associated power and fuel lines”), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator Tenant shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andresponsible, with respect to such associated power at its sole cost and fuel linesexpense, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoingfor installing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installedmaintaining, the manner in which any fuel pipe is installed, the manner in which any ventilation repairing and exhaust systems are installed, the manner in which any cables are run to and from the Generator to replacing its connection between the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Unit Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertyall associated cabling. Tenant shall be solely responsible for obtaining all necessary governmental permitted to use up to five (5) xxxxx per square foot of Rentable Area in the Premises from the Unit Generator, and regulatory approvals and for at no time shall Tenant exceed that use limitation with respect to the cost of installing, operating, maintaining and removing the Unit Generator. Except to the extent that Tenant shall ties into the Unit Generator as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of such tine-in 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 Tenant’s proposed plans and specifications relating to the tie-in to the Unit Generator and all associated lines. Tenant may not install or operate commence any work to tie into the Unit Generator until Tenant it has obtained received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and submitted to Landlord copies of all required governmental permitsspecifications. Tenant, licenses at its sole cost and authorizations necessary for the installation and operation of the Generator. In addition toexpense, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental Legal Requirements and fire prevention Laws pertaining Title Matters and Landlord’s reasonable directives relating to Tenant’s the installation, operation, maintenance and repair of such tie-in, including (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into and use of the Generator AreaUnit Generator. Tenant shall also be responsible may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the cost of all utilities consumed Permitted Use and in accordance with any applicable permit(s) pertaining to the operation Unit Generator. Tenant may not use the Unit Generator to serve other occupant(s) of the GeneratorDevelopment.

Emergency Generator. (a) Tenant, subject Subject to Landlord’s review approval, which shall not be unreasonably withheld or delayed, and approval subject to the terms and conditions of TxxxxxArticle 9 and Article 11 of the Original Lease, Tenant may install, for Tenant’s plans thereforown use and at Tenant’s sole cost and expense, shall have but without the right to install payment of any Rent or a supplemental license or similar fee or charge an emergency back-up generator (the “Generator” which term shall include associated power and fuel lines”), to provide emergency additional with an associated above ground fuel storage tank (the “Generator Unit”) and an electrical capacity line from the Generator to the Premises during (the Term“Line”), in an electrical capacity to be reasonably approved by Landlord. all at Tenant’s plans for sole cost and expense (all such equipment defined collectively as the “Generator shall include a secondary containment system to protect against and contain any release of hazardous materialsEquipment”). The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord located on the roof and, with respect to such associated power pad depicted on Exhibit D attached hereto. The physical appearance and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install size of the location housing the Generator Equipment shall be subject to Landlord’s approval reasonable approval, and Landlord may require Tenant to incorporate improvements surrounding such Generator Equipment area, at Tenant’s sole cost and expense, as reasonably required by Landlord. Tenant shall maintain such Generator Equipment, at Tenant’s sole cost and expense. In the event Tenant elects to exercise its right to install such Generator Equipment, then Tenant shall give Landlord no less than fifteen (15) business days’ prior written notice thereof. Tenant shall remove such Generator Equipment upon the expiration or earlier termination of the manner Lease and shall repair any damage to the Project caused by such removal and return the affected portion of the Project to the condition existing prior to the installation of such Generator Equipment, reasonable wear and tear excepted. Such Generator Equipment shall be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld. Such Generator Equipment shall, in which all instances, comply with all applicable governmental laws, codes, rules and regulations. In addition, Tenant shall not have the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run right to and from the Generator to trench between the Premises and the measures that will Generator Equipment. Tenant shall be taken entitled to eliminate any vibrations or sound disturbances from use the operation Generator for the sole purpose of providing electrical power to the Premises in the event of a power outage. If it is customary to obtain special insurance for the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure Tenant to hide or disguise the existence of the Generator obtain such special insurance at Tenant’s sole expense and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental name Landlord and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generatorits property manager as additional insureds on such insurance policy. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Areashall constitute a use of the Premises under Article 13(a) of the Lease. Tenant shall also be responsible for perform all Generator testing in accordance with applicable laws and the cost Generator manufacturer’s recommended maintenance instructions, and Tenant shall act reasonably not to interfere with or disturb other tenants quiet use and enjoyment of all utilities consumed their premises in the operation Project in performing such testing, and in the event that Tenant is in default of the Generatorforegoing testing requirements, Landlord shall have the right to require Tenant to stop using the Generator and to remove the Generator from the Project.

Emergency Generator. (a) Tenant37.1 Subject to the terms hereof and applicable laws, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install a supplemental one (1) back-up electrical generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, ”) in an electrical capacity to be a location reasonably approved designated by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area Landlord (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord ). In no event shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from Tenant permit the Generator to the Premises interfere with normal and the measures that will be taken to eliminate any vibrations customary use or sound disturbances from the operation of the Generator, Building by Landlord or other tenants and/or occupants (including, without limitation, any necessary 2 hour rated enclosures by means of noise or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertyodor). Tenant shall be solely responsible for obtaining any and all necessary governmental and regulatory approvals and for the cost costs, if any, incurred by Landlord as a result of installingor in connection with Tenant’s installation, operatingoperation, maintaining and removing use and/or removal of the Generator. In the event that Landlord shall incur any costs as a result of or in connection with the rights granted to Tenant herein, Tenant shall reimburse Landlord for the same within ten (10) business days following billing. If required by Landlord, Tenant, at Tenant’s sole cost and expense, shall install screening, landscaping or other improvements satisfactory to Landlord (in Landlord’s reasonable discretion) in order to satisfy Landlord’s aesthetic requirements in connection with the Generator. Subject to Landlord’s prior approval of all plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, and at Tenant’s sole cost and expense, Landlord shall permit Tenant to install and maintain the Generator in the Generator Area, and connections between the Generator and Landlord’s electrical systems in the Building, all in compliance with all applicable laws. Without limitation of the foregoing, all conditions relating to the installation, connection, use, repair and removal of the Generator (including, without limitation, the manner and means of Tenant’s connection of the Generator to the core of the Building and/or through the Building risers to the Premises) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed and otherwise subject to the provisions of Article 8 related to the performance of improvements within the Premises. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to the Generator and acknowledges and 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 the Building. Tenant shall be entitled to operate the Generator until Tenant has obtained and submitted such connections to the Building for testing and regular maintenance only upon twenty four hours prior notice to Landlord copies and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of all required governmental permitsthe connections to the Generator and facilities related thereto to Landlord for Landlord’s consent, licenses which consent will not be unreasonably withheld, conditioned or delayed and authorizations necessary for may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s engineers, so that the Building’s systems or other components of the Building are not adversely affected by the installation and operation of the Generator and/or based upon other reasonable factors as determined by Xxxxxxxx. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant’s sole responsibility. Landlord makes no representation or warranty of any kind with respect to such Generator. In addition toThe Generator shall be deemed to be a part of the Premises for purposes of the insurance provisions of this Lease, and without limiting Tenant’s obligations under the Leaseas amended hereby, and, in addition, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to maintain, at Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generatorcost, industry standard “boiler and machinery” insurance coverage with respect thereto.

Emergency Generator. (a) TenantLandlord agrees that, subject to Landlord’s review the provisions of this Article any the requirements of any applicable laws, rules or regulations, Tenant may install, operate and approval of Txxxxx’s plans therefor, shall have maintain a diesel powered emergency generator in and for the right to install a supplemental generator Demised Premises (the “Emergency Generator” which term shall include associated power ”). The specific type and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity model of Emergency Generator to be reasonably approved installed by Landlord. Tenant’s plans for , its location within the Generator shall include a secondary containment system to protect against Demised Premises, and contain any release of hazardous materials. The Generator shall be placed the manner in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andwhich it is installed, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld, conditioned or delayed. The Emergency Generator shall be installed in a soundproof enclosure, in compliance with the provisions of Article 8 and all other applicable provisions of this Lease regarding Alterations. Prior to installing the Emergency Generator, Tenant shall obtain and deliver to Landlord (a) a report from a reputable structural engineer indicating that such installation shall have no adverse impact (other than to a de minimis extent) on the Building or its systems, and (b) a report from a reputable acoustical engineer indicating that such installation shall have no adverse impact (other than to a de minimis extent) on any other tenant or occupant of the Building. Licensee shall (i) maintain the Emergency Generator in a safe condition, in accordance with all governmental regulations pertaining thereto and insurance requirements, and (ii) operate the Emergency Generator in accordance with all technical specifications relating thereto so that the same shall operate within accepted margins of performance criteria. Any fuel stored for the Emergency Generator shall be stored by Tenant in accordance with all environmental regulations and other codes, ordinances and statutes pertaining thereto and shall be subject to approval of the manner in Licensor with respect to location and means and method of storage, which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will approval shall not be taken to eliminate any vibrations unreasonably withheld or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertydelayed. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 any electricity or other utilities consumed required by Tenant in connection with the operation of the Emergency Generator, which electricity shall be redistributed to Tenant on a submetering basis in accordance with the provisions of Article 3 of this Lease. Tenant shall maintain and operate the Emergency Generator (including any testing of same) in compliance with all applicable laws, rules and regulations, and in a manner that does not interfere with any other tenant or occupant of the Building. Any testing of the Emergency Generator shall be done only after Business Hours at times that are reasonably approved in advance by Landlord. Upon the expiration or sooner termination of the term of this Lease, unless Landlord elects otherwise in writing, Tenant shall remove the Emergency Generator and any associated equipment and shall repair any damage caused thereby, which restoration and repair work shall be effected in accordance with Article 8 and all other applicable provisions of this Lease regarding Alterations.

Emergency Generator. (a) TenantSubject to Landlord's approval, which shall not be unreasonably withheld or delayed, and subject to Landlord’s review the TCCs of this Section 29.37 and approval Article 8 of Txxxxx’s plans thereforthis Lease, shall have Tenant may install, for Tenant's own use and at Tenant's sole cost and expense, but without the right to install payment of any Rent or a supplemental license or similar fee or charge, an emergency generator and related equipment, cabling and conduits (all such equipment defined collectively as the “Generator” which term shall include associated power "EMERGENCY GENERATOR") in the location identified on EXHIBIT A, with conduits and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity cabling to be reasonably approved by Landlord. Tenant’s plans for located between the Emergency Generator shall include a secondary containment system to protect against pad and contain any release of hazardous materialsthe Premises' electrical room. The Generator shall be placed in an area particular location, physical appearance (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in including such conduits or other areas as Landlord shall designate. Notwithstanding and cabling) and the foregoing, Txxxxx’s right to install size of the Emergency Generator (and components thereof) shall be subject to Landlord’s approval of the manner in which the Generator is installed's reasonable approval, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run Landlord may require Tenant 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 install screening around such Emergency Generator, includingat Tenant's sole cost and expense, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Propertyas reasonably designated by Landlord. Tenant shall be solely responsible for obtaining all necessary governmental maintain such Emergency Generator, at Tenant's sole cost and regulatory approvals and for expense. In the cost of installingevent Tenant elects to exercise its right to install the Emergency Generator, operating, maintaining and removing then Tenant shall give Landlord no less than thirty (30) days prior written notice thereof. Tenant shall reimburse to Landlord the reasonable costs actually incurred by Landlord in approving such Emergency Generator. Tenant shall not install or operate shall, if instructed by Landlord at the time of Landlord's approval of such Emergency Generator, remove such Emergency Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation within thirty (30) days of the Generatorexpiration or earlier termination of this Lease and shall repair any damage to the Building caused by such removal and return the affected portion of the Project's parking, landscaping and driveway areas to their pre-Emergency Generator condition. In addition toSuch Emergency Generator shall be installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld. Such Emergency Generator shall remain Tenant's personal property throughout the Lease Term and, in all instances, comply with applicable governmental laws, codes, rules and regulations, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use CC&Rs. [remainder of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator.page intentionally left blank]

Emergency Generator. As part of the Base Building Improvements, Landlord shall provide a pad, enclosure and two (a2) Tenant4” conduits and one (1) 2” conduit from such pad to the main distribution panel in the Building sufficient for Tenant to install and operate one emergency backup electrical generator to provide back-up electrical service to the Premises when electricity is not otherwise available to the Premises (the “Emergency Generator”). Subject to the provisions of this Section 7.5, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right right, at its sole expense, to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to Emergency Generator on the Premises during the Termpad provided by Landlord, in an electrical capacity the location shown on Exhibit “O” attached hereto. If Tenant elects to be reasonably approved by Landlord. Tenant’s plans for install the Generator Emergency Generator, Tenant shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andinstall such fuel tanks, with respect to such associated power and fuel lines, power and refrigeration lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in such conduits or other areas the Premises and/or the Building (“Additional Electrical Equipment”) as may be necessary for the use of the Emergency Generator, and Landlord shall designate. Notwithstanding the foregoingpermit Tenant to install, Txxxxxat Tenant’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installedcost, the manner in which any fuel pipe is installedconduits, lines and pipes for power, refrigeration and water between the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Emergency Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installationPremises. Landlord shall have the right to require an acceptable enclosure approve plans and specifications for such Emergency Generator and the Additional Electrical Equipment (“Generator Plans”), which approval shall not be unreasonably withheld, and the schedule for Landlord’s review and response to hide the submission of such plans shall be as set forth on Schedule 1 to the Tenant Work Letter. Such Generator Plans shall include reasonable screening devices and other appropriate reasonable improvements intended to visually screen the Emergency Generator and Additional Electrical Equipment from view by visitors and tenants in the Park Place Project and to mitigate the penetration of noise or disguise vibration from such Emergency Generator and Additional Electrical Equipment into any other tenant’s or occupant’s premises or into the existence Common Area. Landlord’s prior written approval must be obtained by Tenant as to the location of the Emergency Generator and to minimize any adverse effect that Additional Electrical Equipment in the installation Park Place Project as well as the aesthetic and security aspects of the Emergency Generator may have on and the appearance Additional Electrical Equipment to make sure they are consistent with the quality of the Building and the PropertyPark Place Project, provided that any aesthetic or security aspects of the installation of the Emergency Generator that are set forth on the Generator Plans approved by Landlord shall not require any further approval by Landlord hereunder. Landlord shall provide reasonable access to Tenant for the installation, connection and maintenance of the Emergency Generator and Additional Electrical Equipment. The Emergency Generator and Additional Electrical Equipment shall not create any adverse impact on the Building Systems or on the Park Place Project and must comply with (i) the Generator Plans as approved by Landlord, and (ii) applicable insurance regulations and Applicable Laws. No work on the installation of the Emergency Generator shall be undertaken unless and until Landlord has reviewed and approved the Generator Plans. After installation, at Tenant’s sole expense, Tenant shall insure the Emergency Generator and Additional Electrical Equipment as part of Tenant’s property consistent with the provisions of Section 11 below, and Tenant, through a contractor reasonably approved by Landlord, shall maintain and repair (and replace, if needed and if Tenant still desires to use the Emergency Generator, in accordance with specifications and at Tenant’s cost) the Emergency Generator and Additional Electrical Equipment in accordance with the provisions of Section 9.1. Upon expiration or any earlier termination of this Lease and all other leases under which Tenant occupies space in the Park Place Project, the Emergency Generator and Additional Electrical Equipment may be solely responsible for obtaining all necessary governmental and regulatory approvals and removed by Tenant provided Tenant can demonstrate that it paid for the cost of installingsuch Emergency Generator and Additional Electrical Equipment (by showing that Tenant paid a total amount for the costs of design and construction of its initial Tenant Improvements in the Premises under this Lease together with the tenant improvements constructed in other premises leased by Tenant in the Park Place Project and the Emergency Generator and Additional Electrical Equipment equal to or greater than the sum of (i) the original cost of the Emergency Generator and Additional Electrical Equipment plus (ii) the total Tenant Improvement Allowance paid by Landlord or its Affiliates to or on behalf of Tenant). If Tenant is permitted to remove, operatingand does remove the Emergency Generator and Additional Electrical Equipment, maintaining and removing the Generator. then Tenant shall not install repair all damage to the Park Place Project or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permitsany improvements therein caused by such removal, licenses and authorizations necessary for the installation and operation including removal of the Generator. In addition to, diesel fuel tank and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental related equipment and fire prevention Laws pertaining to Tenant’s use restoration of the Generator Areaportion of the Common Area used to house such equipment. If Tenant shall also be responsible cannot demonstrate that it paid for the cost of all utilities consumed the Emergency Generator and Additional Electrical Equipment, then such equipment shall be surrendered with the Premises and shall not be removed by Tenant upon expiration or any earlier termination of this Lease and the other leases under which Tenant leases premises in the operation Park Place Project. All testing, inspection, repair and replacement of the Generator.Emergency Generator and Additional Electrical Equipment shall be conducted by Tenant upon reasonable prior notice to Landlord or its Affiliate or on a schedule reasonably approved by Landlord or its Affiliate, and shall be conducted at such time(s) that will cause the least disruption to the operations of other tenants in the Park Place Project as is reasonably

Emergency Generator. Landlord grants Tenant the right to Install, at Tenant's sole cost and expense, as part of the construction of the Tenant Improvements or at any time thereafter, an emergency generator in the location shown on Exhibit G-4 attached to this Lease together with supplemental fuel lines and related connections to the Building (a) Tenantcollectively, the" Generator'l Any fuel container used in connection with the Generator must be maintained by Tenant above-ground and in compliance with all applicable legal requirements. The plans and specifications for the Generator and its installation shall be subject to Landlord’s review 's prior approval, which shall not be unreasonably withheld, and approval Landlord may condition same upon the construction by Tenant of Txxxxx’s plans therefor, an enclosure reasonably acceptable to Landlord to screen the Generator. All work shall have the right to install be performed by a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably contractor approved by Landlord and in accordance with Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against 's construction rules and contain any release of hazardous materialsinsurance requirements. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ deemed to be designated by Landlord on a part of the roof andPremises for purposes of the indemnification and insurance provisions of this Lease; provided, with respect to such associated power however, Tenant shall not be charged any rent therefor. Repair and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install maintenance of the Generator shall be subject to the sole responsibility of Tenant. At Landlord’s approval 's option, Landlord may require that Tenant remove the Generator and all related facilities upon the expiration or earlier termination of the manner in which Term and repair all damage to the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and Building resulting from the Generator to the Premises and the measures that will be taken to eliminate any vibrations installation or sound disturbances from the operation removal of the Generator, includingreasonable wear and tear and damage caused by casualty excepted, without limitationat Tenant's sole cost and expense. The Generator shal be used by Tenant only during tesUng, any necessary 2 hour rated enclosures regular maintenance and periods of electrical power outage or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 power reduction in the operation of the GeneratorBuilding.

Emergency Generator. (a) TenantSo long as this lease is in full force and effect and Tenant is not in default hereunder beyond any applicable notice and cure periods, Tenant shall have the right, at its sole cost and expense, to install and maintain up to a 1200 KVA emergency generator adjacent to the Building serving the Premises, subject to Landlord’s review the following terms and approval conditions: The location, design, construction, size, capacity and all other aspects of Txxxxx’s plans therefor, shall have the right to install a supplemental such generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s prior approval, which approval of the manner in which the Generator is installedshall not be unreasonably withheld, the manner in which any fuel pipe is installed, the manner in which any ventilation conditioned or delayed. All costs associated with installing and exhaust systems are 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 Generatorconstructing such generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation and connection of power feeds, cabling, pad site installation, and the like, shall be Tenant’s sole responsibility. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence However, at Tenant’s option, such costs may be paid out of the Generator Tenant Improvement Allowances. The generator must comply with, and be installed in accordance with, all applicable governmental rules and regulations. Tenant shall shield or screen the generator from public view. In the event that the generator is located in the Parking Facility, any parking space(s) taken by the generator shall be counted towards the total number of parking spaces allocated to minimize Tenant under this lease. The expense of maintaining and removing the generator shall be the sole cost and expense of Tenant. Tenant shall be responsible for all costs and expenses associated with such generator and Tenant shall promptly repair any adverse effect that damage to the Building or the Land resulting from the installation, construction, maintenance or removal of such generator. Upon the termination or expiration of this lease, Tenant shall promptly remove the generator at its sole cost and expense. Tenant shall restore any portion of the Building or Land affected by the generator to substantially the same condition existing prior to the installation of the Generator may have on the appearance of the Building generator, normal wear and the Property. Tenant shall be solely responsible for obtaining all necessary governmental tear and regulatory approvals damage by casualty and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 Generatorcondemnation excepted.

Emergency Generator. Landlord acknowledges that Tenant may be -------------------- installing an emergency generator in the basement of the Building (a) Tenant, subject the "EMERGENCY GENERATOR"). Subject to Landlord’s review and 's prior approval of Txxxxx’s all plans thereforand specifications, which approval shall have the right not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install a supplemental generator and maintain the Emergency Generator and related fuel storage tank (without the “Generator” which term shall include associated power and fuel linesobligation to pay Rent on the space so occupied), and connections between the Emergency Generator and Landlord's electrical systems in the Building and in the Adjacent Building and, all in compliance with all applicable law. Such Emergency Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Project. Tenant shall be entitled to provide emergency additional electrical capacity operate the Emergency Generator and such connections to the Premises during the Term, in an electrical capacity Adjacent Building for testing and regular maintenance only upon notice to be Landlord and at times reasonably approved by Landlord. Tenant’s plans Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Emergency Generator shall include a secondary containment system and facilities related thereto to protect against Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and contain any release of hazardous materials. The Generator shall may be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated conditioned on Tenant complying with such reasonable requirements imposed by Landlord Landlord, based on the roof andadvice of Landlord's engineers, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and to minimize any adverse effect so that the installation of the Generator may have on the appearance of the Building Building's Systems and the Property. Tenant shall be solely responsible for obtaining all necessary governmental Equipment are not materially and regulatory approvals and for the cost of installingadversely -49- TISHMAN WARNER CENTER VENTURE, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for LLC [20th Century Industries; 6303 Owensmouth] affected by the installation and operation of the Emergency Generator. In addition toThe cost of design (including engineering costs) and installation of the Emergency Generator and the costs of the Emergency Generator itself shall be Tenant's sole responsibility, but may, at Tenant's option, be a charge to the Tenant Improvement Allowance. All repairs and maintenance of the Emergency Generator shall be the sole responsibility of Tenant, and without limiting Landlord makes no representation or warranty with respect to such Emergency Generator. At Landlord's option, Landlord may require that Tenant remove the Emergency Generator and all related facilities upon the expiration or earlier termination of this Lease and the Adjacent Building Lease and repair all damage to the Project resulting from such removal, at Tenant’s obligations under 's sole cost and expense. Notwithstanding the Leaseforegoing, at such time as this Lease is no longer in effect, but Tenant continues to lease the Adjacent Building, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining continue to Tenant’s use have the right to maintain the Emergency Generator in the Building, provided that, during such time Tenant shall pay rent to the space dedicated to the Emergency Generator at a rate equal to the "Dead Storage Annual Rental Rate", as that term is defined in the Adjacent Building Lease. The terms of the preceding sentence shall survive the termination or earlier expiration of this Lease. The Emergency Generator Area. shall be deemed to be a part of the Premises for purposes of the indemnification and insurance provisions of this Lease, and Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generatormaintain, at Tenant's cost, industry standard "boiler and machinery" insurance coverage with respect thereto.

Emergency Generator. Landlord acknowledges that Tenant may be -------------------- installing an emergency generator in the basement of the Adjacent Building (a) Tenant, subject the "EMERGENCY GENERATOR"). Subject to Landlord’s review and 's prior approval of Txxxxx’s all plans thereforand specifications, which approval shall have the right not be unreasonably withheld, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install a supplemental generator (and maintain connections between Landlord's electrical systems in the “Building and the Emergency Generator” which term . Any such installations shall include associated power at all times be installed and fuel lines)maintained in accordance with applicable law. Landlord shall cause the Building, at Landlord's expense, to provide emergency additional electrical capacity be designed to accept such connections from the Emergency Generator. Such connections to the Premises emergency generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the Term, period of any electrical power outage in an electrical capacity the Project. Tenant shall be entitled to be operate the Emergency Generator and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant’s plans Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the Emergency Generator shall include a secondary containment system and facilities related thereto to protect against Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and contain any release of hazardous materials. The Generator shall may be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated conditioned on Tenant complying with such reasonable requirements imposed by Landlord Landlord, based on the roof andadvice of Landlord's engineers, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and to minimize any adverse effect so that the installation of the Generator may have on the appearance of the Building Building's Systems and the Property. Tenant shall be solely responsible for obtaining all necessary governmental Equipment are not materially and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for adversely affected by the installation and operation of the Emergency Generator. In addition toAll repairs and maintenance of the Emergency Generator and connections thereto shall be the sole responsibility of Tenant, and without limiting Landlord makes no representation or warranty with respect to such Emergency Generator. At Landlord's option, upon the termination of this Lease and the Adjacent Building Lease, Landlord may require that Tenant remove the Emergency Generator and all related facilities and repair all damage -60- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] to the Project resulting from such removal, at Tenant’s obligations under 's sole cost and expense. Notwithstanding the Leaseforegoing, during any Option Term when Tenant no longer leases the Adjacent Building, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining continue to Tenant’s use have the right to maintain the Emergency Generator in the Adjacent Building, provided that during such time Tenant shall pay rent on the space dedicated to the Emergency Generator at a rate equal to the Dead Storage Annual Rental Rate. During such time, the Emergency Generator shall be deemed to be a part of the Generator Area. Premises for purposes of the indemnification and insurance provisions of this Lease, and Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generatormaintain, at Tenant's cost, industry standard "boiler and machinery" insurance coverage with respect thereto.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of TxxxxxXxxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), ”) to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by LandlordLandlord (“Generator Area”). Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated a location reasonably approved by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designateLandlord. Notwithstanding the foregoing, TxxxxxXxxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before the date that is two (2) years after the Commencement Date (“Generator Commencement Date”), or if Tenant, after installation, removes the Generator from the Generator Area for reasons other than the repair and replacement of the Generator, Tenant’s right to install and maintain the Generator and to use the Generator Area shall be null and void.

Emergency Generator. (a) 15.1 Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall reasonably designate. Notwithstanding the foregoing, Txxxxx’s 's right to install the Generator shall be subject to Landlord’s 's approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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.

Emergency Generator. Landlord hereby approves the construction, installation, operation, maintenance and use of any or all (aas determined by Tenant) Tenantof (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), subject to Landlord’s review (2) and approval of Txxxxx’s plans therefor(3) collectively, shall have the right to install a supplemental generator (the “Emergency Generator” which term shall include associated power and fuel lines”), to provide emergency additional electrical capacity to the Premises during the Term, all in an electrical capacity to be accordance with specifications reasonably approved by Landlord. , and hereby grants Tenant the appurtenant right, at Tenant’s plans for sole cost and expense, to (a) construct, install, operate, maintain and use the Emergency Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area the location shown on Exhibit H attached hereto (the “Generator AreaSpace”), and (b) measuring approximately 20’ x 20’ to be designated by Landlord on the roof andconstruct, with respect to such associated power run, install, operate, maintain, and fuel linesuse conduits, in such conduits or wires and other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run 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 measures that will be taken Emergency Generator (in instances where emergency power is required by Tenant) and to eliminate any vibrations test at other times and intervals as advised by the manufacturer or sound disturbances from the operation as required by law or as reasonably agreed upon by Landlord and Tenant). Tenant’s use and maintenance of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installationEmergency Generator shall at all times comply will all applicable laws. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and to minimize any adverse effect Tenant acknowledges that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental the use, operation and regulatory approvals maintenance and for securing of the cost of installingEmergency Generator, operatingthat Landlord shall have absolutely no liability in connection therewith except damage caused to the Emergency Generator by Landlord’s gross negligence or willful misconduct, maintaining and removing the Generator. that Tenant shall not install 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 operate willful misconduct. Notwithstanding the Generator until Tenant has obtained and submitted foregoing or anything in this Lease to Landlord copies of all required governmental permitsthe contrary, licenses and authorizations necessary for upon the installation and operation Expiration Date or the earlier termination of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Lease or Tenant’s use of the Generator AreaSpace, 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 shall also be responsible for agrees that the cost of all utilities consumed term “Premises,” as used in the operation of Lease, shall include the GeneratorGenerator Space.

Emergency Generator. (a) TenantIn the event Tenant wishes to install a separate generator to provide back-up generator services to the Premises, then subject to Landlord’s review and approval the receipt of Txxxxx’s plans thereforall necessary approvals from the applicable governmental authority, Tenant shall have the right to install a supplemental back-up generator (in the “Generator” which term shall include associated power and fuel lines)Premises, to provide emergency additional electrical capacity to or outside the Premises during in the Term, in an electrical capacity to be location reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on (subject to the roof andsame being approved by the city), with respect as an Alteration (in which case such installation shall be governed by the terms of Article 8) (the "Tenant Generator"). Tenant acknowledges that Landlord has not made any representation regarding the receipt of approvals for the Tenant Generator, and if Tenant is unable for any reason to receive such associated power and fuel linesapprovals, in such conduits or other areas as Landlord shall designatenot be liable for any damages resulting therefrom. In the event such Tenant Generator is installed, then during the Lease Term, Tenant shall maintain such Tenant Generator at Tenant's sole cost and expense. Notwithstanding the foregoing, Txxxxx’s right to install the Generator Landlord shall not be subject to Landlord’s approval liable for any damages whatsoever resulting from any failure in operation of the manner in which Tenant Generator, or the Generator is installed, failure of the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Tenant 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. Tenant's obligations with respect to the measures that will be taken Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to eliminate any vibrations or sound disturbances from the operation Tenant's use of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Tenant Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental carry industry standard boiler and regulatory approvals and for machinery insurance covering the cost of installing, operating, maintaining and removing the Tenant Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of maintain all required governmental permitspermits in connection with the Tenant Generator throughout the Lease Term. If installed and then remaining at the Premises, licenses and authorizations necessary for at Landlord's election made in writing to Tenant at least six (6) months prior to the installation and operation expiration or earlier termination of the Generator. In addition to, and without limiting Tenant’s obligations under the this Lease, Tenant shall comply either (A) leave the Tenant Generator in place, in which event Tenant shall surrender the Tenant Generator (and shall, to the extent assignable, transfer to Landlord all permits maintained by Tenant in connection with the Tenant Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, ordinary wear and tear excepted, with all applicable environmental transferred permits current, or (B) remove the Tenant Generator prior to the expiration or earlier termination of this Lease, and fire prevention Laws pertaining repair all damage to the Building and Premises resulting from such removal, at Tenant’s use 's sole cost and expense. In the event that Landlord fails to expressly elect to have the Tenant Generator left in place at least six (6) months prior to upon the expiration or earlier termination of the Generator Area. this Lease, then Landlord shall be deemed to have elected to have Tenant shall also be responsible for the cost of all utilities consumed in the operation of the remove such Tenant Generator.

Emergency Generator. Landlord and Tenant hereby acknowledge that there is an existing generator currently serving the Expansion Premises, which existing generator shall not be made available for use by Tenant. In addition, there is an existing generator currently serving the Existing Premises which Landlord shall, at Landlord's sole cost and expense, remove and replace with an emergency generator (aall such equipment defined collectively as the "Emergency Generator") to exclusively serve the Premises, which Emergency Generator shall be selected by Landlord and reasonably approved by Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, . Tenant shall have the right to install a supplemental generator connect (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures provided that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. all Tenant shall be solely responsible for obtaining all necessary governmental costs incurred to connect the Premises to the Emergency Generator), all or any portion of the Premises to the Emergency Generator for up to 750KW of the electrical capacity provided by such Emergency Generator. In the event that any modification of the existing enclosure is required in connection with Landlord's installation of the Emergency Generator, such modification work shall be completed by Landlord, but shall be at Tenant's sole cost and regulatory approvals expense and Tenant shall reimburse Landlord for all costs within thirty (30) days following receipt of an invoice therefor. In connection with the cost installation of installingthe Emergency Generator, operatingTenant hereby acknowledges that Landlord shall not be required to make any modifications or improvements to the existing enclosure surrounding the existing generator. Tenant's use of the Emergency Generator shall be at Tenant's sole risk, maintaining and removing Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the Emergency Generator. Tenant shall maintain such Emergency Generator in the same condition and repair as received (ordinary wear and tear and damage by other uses excepted), and in compliance with all applicable laws (including the maintenance of all applicable permits). Tenant hereby waives any claims against Landlord or any Landlord Parties resulting from Tenant's use of the Emergency Generator, or any failure of the Emergency Generator to operate as designed, and agrees that Landlord shall not be liable for any damages resulting from any failure in operation of the Emergency Generator, including, without limitation any injury or damage to, or interference with, Tenant's business, 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, or loss to equipment, 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. Tenant shall carry industry standard "Boiler and Machinery" insurance covering the Emergency Generator. Tenant shall not install be charged any additional rental or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary other costs for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the location in which the Emergency Generator Areais located. Tenant shall also be responsible for surrender the cost of Emergency Generator (and shall transfer to Landlord all utilities consumed permits maintained by Tenant in connection with the operation Emergency Generator during the Expansion Term) concurrent with the surrender of the GeneratorExisting Premises to Landlord as required hereunder in good operating and working order, with all permits current.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity Subject to the Premises terms of this Section 16.8, Tenant may during the Term, install as an Alteration in accordance with Section 12.3, maintain, operate and use an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against emergency generator and contain any release of hazardous materials. The Generator shall be placed in an area associated equipment, connections and Cabling (collectively, the “Generator AreaFacilities”) measuring approximately 20’ x 20’ for the sole purpose of providing back-up power for the Premises (and not for the use of any other tenant in the Building) during a power outage in the Premises; provided that (a) Landlord and Tenant execute a license agreement (“License Agreement (Generator)”) in substantially the form of the License Agreement (Rooftop Installations), with mutually acceptable modifications consistent with this Section 16.8; (b) Tenant complies with, and performs and completes any work performed pursuant to the License Agreement (Generator) in accordance with the License Agreement (Generator) and this Lease, including, without limitation, Article XII; (c) Tenant pays associated Additional Rent as provided in Section 16.2 of this Lease for any excess electricity use; and (d) such Generator Facilities are installed in the location identified on Exhibit J. Notwithstanding anything to the contrary in this Section 16.8, Landlord and Tenant shall cooperate to agree to modifications to the License Agreement (Rooftop Installations) reasonably requested by the other party and as necessary to take into account the type of Generator Facilities to be designated by Landlord on the roof and, with respect installed pursuant to such associated power License Agreement (Generator) and fuel linesthe location thereof; provided that the License Agreement (Generator) shall provide, in such conduits or other areas as Landlord shall designate. Notwithstanding any event, that (i) the foregoing, Txxxxx’s right to install installation of the Generator Facilities pursuant thereto shall be at Tenant’s sole cost and expense and shall be subject to Landlord’s reasonable approval of the manner in which the Generator is plans, specifications, location, method of installation, shielding, type of generator to be installed, the manner in which any fuel pipe is installed, the of placement and manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator of connection to the Premises electrical system serving the Premises; (ii) Tenant shall be responsible for restoring and repairing any damage caused by the measures that will be taken to eliminate any vibrations installation, use, maintenance or sound disturbances from removal of such Generator Facilities (or reimbursing Landlord for the operation of cost thereof); and (iii) if the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have requires the right to require an acceptable enclosure to hide or disguise the existence removal of the Generator Facilities, the Generator Facilities shall be removed by Tenant, at its sole cost and to minimize any adverse effect that expense, before the installation expiration of the Generator may have on the appearance Term or earlier termination of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply License in accordance 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.Section 12.3

Emergency Generator. Subject to Tenant’s compliance with all Applicable Laws, Landlord shall permit Tenant to maintain, at Tenant’s sole cost and expense, the above-ground emergency generator (aas a Miscellaneous Common Area Item) previously installed by Tenant pursuant to the Existing Lease for Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have use in the right to install a supplemental generator Premises (the “Emergency Generator” ”); provided, however, Tenant hereby acknowledges and agrees that promptly following the execution of this Lease, Tenant shall, at Tenant’s sole cost and expense, disconnect and/or remove all cabling, wiring, conduit and other such connections of the Emergency Generator, which term shall include associated power and fuel lines)cabling, wiring, conduit or other such connections are connected to provide emergency additional electrical capacity to any non-Premises portions of the Premises during the TermBuilding, in an accordance with the removal and repair requirements set forth in Section 8.5, below. Such Emergency Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical capacity power outage in the Building. Tenant shall be entitled to be operate the Emergency Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against Any repairs and contain any release maintenance of hazardous materials. The such Emergency Generator shall be placed the sole responsibility of Tenant. Upon the expiration or earlier termination of the Lease, Tenant may, 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; provided, however, to the extent this Lease is terminated prior to the Lease Expiration date pursuant to Article 19 of this Lease, then, unless Landlord provides prior written notice to Tenant requiring Tenant to remove such Emergency Generator in an area (accordance with the “removal and repair obligations in Section 8.5, below, such Emergency Generator Area”) measuring approximately 20’ x 20’ to be designated by shall become the sole property of Landlord on in accordance with the roof andterms of Section 8.5, below. Landlord makes no representation or warranty with respect to such associated power the Emergency Generator or its suitability for use by Tenant and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval Article 10 of the manner in which the Generator is installedLease shall apply with respect to Tenant’s use, the manner in which any fuel pipe is installedmaintenance, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation repair and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 Emergency Generator.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of TxxxxxTenant’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power ”) and an above ground fuel lines), tank (the “Tank”) to provide emergency additional electrical capacity to the Premises during the Term. The size of the Generator and the Tank as are subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Generator and the Tank are a part of and included in an electrical capacity to be reasonably approved by Landlordthe Equipment. Tenant’s plans for the Generator and the Tank shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Tank shall be placed in an area (upon the “Generator Equipment Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, TxxxxxTenant’s right to install the Generator and the Tank shall be subject to Landlord’s approval of the manner in which the Generator and the Tank is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the GeneratorGenerator and the Tank. Notwithstanding anything herein to the contrary, if Tenant shall does not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permitsthe Tank on or before December 31, licenses and authorizations necessary for the installation and operation of the Generator. In addition to2013, and without limiting or if Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of after installation, removes the Generator Area. Tenant shall also be responsible or the Tank from the Equipment Area for the cost of all utilities consumed in the operation of the Generator.reasons other

Emergency Generator. (a) A. Tenant, subject to Landlord’s review and approval of TxxxxxTenant’s plans therefortherefore, shall have the right to install a 120-240 kilowatt supplemental generator (the “Generator” which term shall include associated power and fuel lines), ”) to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area the Building’s parking garage at the location outlined on Exhibit H attached hereto and made a part hereof (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate). Notwithstanding the foregoing, TxxxxxTenant’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installationinstallation required by applicable Law. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of that Tenant install and maintain a chain-link fence around the Generator and that is reasonably acceptable to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the PropertyLandlord. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing of the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, to and without limiting Tenant’s obligations under the Lease, Tenant 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. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before April 1, 2006, Tenant shall pay to Landlord the prevailing monthly rate for the parking spaces included (in whole or in part) in the Generator Area for the period commencing on such date and expiring on the date on which such installation occurs. In addition, if, after installing the Generator, Tenant removes the Generator from the Generator Area for more than 90 days for reasons other than the repair and replacement of the Generator, Tenant’s right to install and maintain the Generator and to use the Generator Area shall be null and void; provided, however, that Tenant may cause such right to be reinstated on the terms set forth in this Section 8 upon 90 days’ prior written notice to Landlord.

Emergency Generator. Commencing October 1, 1996, Tenant shall be billed on a monthly basis for two (a2) reserved permits at the prevailing monthly contract rates for the garage located south of the Building, plus state and local taxes, to cover the cost of the spaces upon which Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental 's emergency generator (the “"Generator” which term shall include associated power ") is located. Tenant will be responsible for all repairs and fuel lines), to provide emergency additional electrical capacity maintenance relating to the Premises during Generator (including diesel spills). Upon expiration or termination of the TermLease, Tenant shall remove the Generator from the parking garage located south of the Building and repair any damaged caused thereby at its sole cost and expense, unless said requirement is otherwise waived by Landlord in an electrical capacity to be reasonably approved by Landlordwriting. Tenant’s plans 's use of such parking spaces for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval all applicable terms and conditions of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 Lease as though such parking spaces were a part of the GeneratorLeased Premises, includingspecifically including without limitation Tenant's indemnification obligations set forth in Paragraph 9 thereof. In addition, without limitationTenant agrees to indemnify, any necessary 2 hour rated enclosures or sound installation. protect, defend and hold harmless Landlord shall have the right to require an acceptable enclosure 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 its partners, affiliated companies, officers, directors, shareholders, employees and agents for, from and against all liabilities, claims, judgments, diminution in value of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental Building parking garage, fines, penalties, costs, damages or injuries to persons, damages to property, losses, liens, causes of action, suits, judgments and regulatory approvals expenses (including court costs, attorneys' fees and for the cost costs of installinginvestigation), operatingof any nature, maintaining and removing the Generator. Tenant shall not install kind or operate the Generator until Tenant has obtained and submitted to Landlord copies description of all required governmental permitsany person or entity, licenses and authorizations necessary for the installation and operation of the Generator. In addition todirectly or indirectly, and without limiting in whole or in part, arising out of, caused by or resulting from (a) Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s 's use of the Generator Area. Tenant shall also be responsible parking spaces for the cost Generator, and any activity, work or other things done, permitted or suffered by Tenant or its agents and employees in or about such parking spaces relating to or arising from the Generator, including without limitation the release, storage, transport or disposal of all utilities consumed in the operation any petroleum products or any other hazardous substances or materials regulated by law; and/or (b) any act, omission, negligence or willful misconduct of Tenant or any of its agents, contractors, employees, business invitees or licensees relating to the Generator.

Emergency Generator. (a) TenantSubject to Landlord's approval, which shall not be unreasonably withheld, delayed or conditioned, and subject to Landlord’s review the terms, covenants and approval conditions of Txxxxx’s plans thereforthis Section 6.5 and Article 8 of this Lease, shall have Tenant may install, for Tenant's own use and at Tenant's sole cost and expense, but without the right to install payment of any Rent or a supplemental license or similar fee or charge, an emergency generator and related equipment (all such equipment defined collectively as the “"Emergency Generator” which term shall include associated power and fuel lines)") in, to provide emergency additional electrical capacity on or adjacent to the Premises during the Term, in an electrical capacity Building (such location to be reasonably approved by determined in conjunction with Landlord and Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials's reasonable requirements). The Generator shall be placed in an area (location, physical appearance, size and use of the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Emergency Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed's reasonable approval, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run Landlord may require Tenant 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 install screening around such Emergency Generator, includingat Tenant's sole cost and expense, without limitationas reasonably designated by Landlord. Tenant shall maintain such Emergency Generator at Tenant's sole cost and expense. In the event Tenant elects to exercise its right to install the Emergency Generator, any necessary 2 hour rated enclosures or sound installationthen Tenant shall give Landlord no less than ninety (90) days prior written notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Emergency Generator. Landlord shall have the right to require an acceptable enclosure that Tenant remove such Emergency Generator upon the expiration or earlier termination of this Lease and repair any damage to hide or disguise the existence Building caused by such removal and return the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Such Emergency Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining installed pursuant to plans and specifications approved by Landlord, which approval will not be unreasonably withheld. Such Emergency Generator shall, in all necessary governmental and regulatory approvals and for the cost of installinginstances, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental governmental laws, codes, rules 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 Generatorregulations.

Emergency Generator. (a) 15.1 Tenant, subject to Landlord’s review and approval of TxxxxxTenant’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall reasonably designate. Notwithstanding the foregoing, Txxxxx’s Tenant's right to install the Generator shall be subject to Landlord’s 's approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the exclusive right to install a supplemental use and control the existing emergency electrical generator and related equipment (all such equipment defined collectively as the "Emergency Generator") serving the Building in its currently-existing “Generatoras is” which term shall include associated power condition, and fuel lines), to provide emergency additional electrical capacity to acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the Premises during condition of the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Emergency Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall not be subject to Landlord’s approval of the manner liable for any damages resulting from any failure in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 Emergency Generator. Tenant acknowledges that the Emergency Generator is currently being used by an existing tenant of the Building, and Tenant's right to the exclusive use of the Emergency Generator set forth in this Section 6.3 shall commence upon the surrender of the Emergency Generator by the existing tenant (estimated to be October 1, 2014). If Landlord is unable for any reason to grant such exclusive use to Tenant on any specific date for any reason whatsoever (including, without limitation, the existing tenant's failure to surrender), Landlord shall not be liable for any necessary 2 hour rated enclosures damages resulting therefrom. Tenant shall not be charged any additional rental or sound installationother costs for the use of the Emergency Generator or the location in which the Emergency Generator is located. Tenant shall maintain such Emergency Generator in the same condition and repair as received (ordinary wear and tear and damage by other uses excepted), and in compliance with all applicable laws (including the maintenance of all applicable permits), at Tenant's sole cost and expense, provided that Tenant shall not be required to replace any major components of the Emergency Generator. If the Emergency Generator requires the replacement of any major components, and Tenant elects not to replace the same, Landlord shall have no obligation to do so. Tenant's obligations with respect to the right Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to require an acceptable enclosure to hide or disguise the existence Tenant's use of the Emergency Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental provide to carry industry standard Boiler and regulatory approvals and for machinery insurance covering the cost of installing, operating, maintaining and removing the Emergency Generator. Tenant shall not install or operate surrender the Emergency Generator until Tenant has obtained (and submitted shall transfer to Landlord copies of all required governmental permits, licenses and authorizations necessary for permits maintained by Tenant in connection with the installation and operation Emergency Generator during the Lease Term) concurrent with the surrender of the Generator. In addition toPremises to Landlord as required hereunder in the same condition as received (ordinary wear and tear and damage by other uses excepted), and without limiting Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining permits current. Prior to the availability of the Emergency Generator, Landlord shall provide to Tenant’s , at no additional charge to Tenant (other than normal costs of operation and maintenance), a temporary emergency generator for Tenant's use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the GeneratorPremises.

Emergency Generator. (a) TenantTo the extent legally permitted, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant ------------- ------------------- shall have the right a non-exclusive license (which shall not be assignable except in conjunction with an assignment of this Lease) to install in the parking garage serving the Project, in a supplemental location identified on the Landlord-approved Tenant's plans, one emergency generator (the “Generator” which term shall include associated with a power rating not exceeding 250 kilowatts) and one above-ground diesel fuel linesstorage tank (with a capacity not exceeding 465 gallons), along with the lines and conduits reasonably necessary to provide emergency additional electrical capacity connect the generator to the Premises during (collectively, the Term, "Generator Equipment"). Tenant shall perform the installation in an electrical capacity to be reasonably approved by accordance with Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials's guidelines. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on Equipment shall be completed in a workmanlike manner and in accordance with all applicable laws and regulations. Tenant shall be required to screen the appearance of the Building and the PropertyGenerator Equipment, at Tenant's expense, in a manner acceptable to Landlord, unless otherwise agreed to in writing by Landlord. Tenant shall be solely responsible for obtaining paying all necessary governmental costs and regulatory approvals expenses related to the installation of the Generator Equipment, and shall indemnify Landlord for any costs which Landlord might incur due to Tenant's installation of the cost of installing, operating, maintaining and removing the GeneratorGenerator Equipment. Tenant shall not install or operate cause its general liability and casualty policies to cover the Generator until Tenant has obtained and submitted to Landlord copies Equipment. Upon the expiration or termination of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the this Lease, Tenant shall comply with all applicable environmental remove the Generator Equipment at Tenant's sole cost and fire prevention Laws pertaining expense, and shall restore the integrity of the parking garage and repair (in a manner acceptable to Tenant’s use Landlord) any damage to the Project caused by the removal of the Generator AreaEquipment; and, if Tenant fails to remove the same, then the Generator Equipment shall be deemed abandoned, and Landlord may cause the same to be removed, and the Project to be repaired, at Tenant's expense, which expense shall be considered Additional Rent. If the real estate taxes or insurance premiums for the Building are increased as a result of the installation of the Generator Equipment, then Tenant shall also be responsible for pay its share of any such increase directly attributable to such installation upon receipt of adequate documentation. Notwithstanding the cost terms of all utilities consumed in this Section 12.07, Landlord makes no representations as to whether any such Generator Equipment is presently permitted under the operation of current zoning ordinance to which the GeneratorProject is subject.

Emergency Generator. (a) TenantSubject to the TCCs hereof and Applicable Laws, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right right, at Tenant sole cost and expense but without any additional payment to Landlord, to install a supplemental and operate an emergency generator (the “"Generator” which term shall include associated power and fuel lines") in the approximate area shown on Exhibit I (the "Generator Area"), in order to provide emergency additional electrical capacity electricity service to the Premises 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 Termperiod of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator, in an electrical capacity and such connections to be the Building, for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant’s plans for the Generator Tenant shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated comply with all reasonable requirements imposed by Landlord on so that the roof and, with respect to such associated power and fuel lines, in such conduits Building Systems or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval components of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems Project are 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 not adversely affected by the operation of the GeneratorGenerator and/or based upon other reasonable factors as determined by Landlord. 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 necessary 2 hour rated enclosures cause related to or sound installationconnected 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 gross negligence or willful misconduct of Landlord. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord's other remedies, (i) Landlord shall have the right to require an acceptable enclosure terminate Tenant's rights with respect to hide or disguise the existence of Generator, and/or (ii) Landlord shall have the Generator right, at Tenant's sole cost and expense, to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. cure such breach, in which event Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for obligated to pay to Landlord, within ten (10) days following demand by Landlord, the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 Generatoramount expended by Landlord.

Emergency Generator. (a) TenantSubject to Landlord's approval, which shall not be unreasonably withheld or delayed, and subject to Landlord’s review the TCCs of this SECTION 29.30 and approval ARTICLE 8 of Txxxxx’s plans thereforthis Lease, shall have Tenant may install, for Tenant's own use and at Tenant's sole cost and expense, but without the right to install payment of any Rent or a supplemental generator license or similar fee or charge, an emergency generator, cooling towers, storage enclosures and related enclosures and equipment (all such equipment defined collectively as the “Generator” which term shall include associated power and fuel lines)"EMERGENCY GENERATOR") in, to provide emergency additional electrical capacity on or adjacent to the Premises during the Term, in an electrical capacity Building (such location to be reasonably approved by determined in conjunction with Landlord and Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials's reasonable requirements). The Generator shall be placed in an area (location, physical appearance and the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on size of the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Emergency Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed's reasonable approval, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run Landlord may require Tenant 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 install screening around such Emergency Generator, includingat Tenant's sole cost and expense, without limitationas reasonably designated by Landlord; provided, any necessary 2 hour rated enclosures or sound installation. however, Landlord shall have hereby pre-approves the right to require an acceptable enclosure to hide or disguise the existence of the Generator and to minimize any adverse effect that embankment area for the installation of such Emergency Generator as identified on EXHIBIT A-3; provided further, however, that to the extent such Emergency Generator may have is located on Project parking areas, the appearance number of the Building and the Propertyspaces so used shall commensurately reduce Landlord's obligation to provide a particular number of spaces as otherwise set forth in ARTICLE 28 of this Lease. Tenant shall be solely responsible for obtaining all necessary governmental maintain such Emergency Generator, at Tenant's sole cost and regulatory approvals and for expense. In the cost of installingevent Tenant elects to exercise its right to install the Emergency Generator, operating, maintaining and removing then Tenant shall give Landlord no less than forty-five (45) days prior written notice thereof. Tenant shall reimburse to Landlord the actual costs reasonably incurred by Landlord in approving such Emergency Generator. Tenant shall not install remove such Emergency Generator upon the expiration or operate earlier termination of this Lease and shall repair any damage to the Generator until Tenant has obtained Building caused by such removal and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for return the installation and operation affected portion of the GeneratorPremises to a building standard tenant improved condition as determined by Landlord. In addition toSuch Emergency Generator shall be installed pursuant to plans and specifications approved by Landlord, and without limiting Tenant’s obligations under the Leasewhich approval will not be unreasonably withheld. Such Emergency Generator shall, Tenant shall in all instances, comply with all applicable environmental governmental laws, codes, rules 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 Generatorregulations.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during During the Term, in an electrical capacity Tenant, at no additional charge payable to Landlord but otherwise at Tenant’s expense, and subject to the provisions of this Lease and such reasonable rules and procedures as may be reasonably approved imposed by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel linesmay use, in such conduits or other areas as Landlord shall designate. Notwithstanding its current location(s), the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval entirety of the manner in which system containing the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures generator that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 serves the Building and is located outside the PropertyBuilding (collectively, the “Emergency Generator”). The Emergency Generator is accepted by Tenant shall be solely responsible in its condition and configuration existing on the date hereof. without any obligation of Landlord to perform or pay for obtaining all necessary governmental and regulatory approvals and for any repairs or alterations to the cost of installing, operating, maintaining and removing the Emergency Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting any representation or warranty regarding the condition of the Emergency Generator or its suitability for Tenant’s obligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Areabusiness. Tenant shall also be responsible for the cost of all Any utilities consumed in the operation of the Emergency Generator shall be provided and paid for by Tenant, it being acknowledged that, as of the date of this Lease, such utilities are not separately metered but are billed to the Building as part of the overall utility charges for the Building. The areas in which the Emergency Generator is located shall be used only for the operation and maintenance of the Emergency Generator and kept reasonably free of debris. The Emergency Generator shall remain Landlord’s property. Tenant shall ensure that its operation and maintenance of the Emergency Generator shall not damage the Premises, Building or Project and shall comply with all applicable Laws. To the maximum extent permitted by Law, Tenant’s use of the Emergency Generator shall be at Tenant’s sole risk. Tenant shall use and maintain the Emergency Generator in such a manner as to avoid any unreasonable interference with any other tenants of the project or Landlord or any occupants of adjacent property. Any alterations to the Emergency Generator or the areas in which the Emergency Generator is located shall be governed by Sections 7.2 and 7.3 of this Lease. Without limiting its obligations under Section 7.1 of this Lease, Tenant shall maintain in good condition and repair any cage or similar enclosure surrounding the Emergency Generator. The Emergency Generator shall be tested only at such times as Landlord shall reasonably approve, and all electricity generated by the Generator may be consumed only by Tenant in the Premises. Tenant shall have no right to assign its interest under this Section 10, or otherwise permit any other party to use the Emergency Generator, except in connection with a Transfer permitted under Section 14 of this Lease.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right (but only to the extent permitted by the City of Sunnyvale and all agencies and governmental authorities having jurisdiction thereof), at Tenant's sole cost and expense, to install a supplemental and operate an emergency electrical generator (the “"Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to ") along with any necessary cables ("Cables") on ;I portion of the Premises during the Term, in an electrical capacity Lot to be reasonably approved by Landlord. Tenant’s plans Landlord ("Generator Space") for the Term of the Lease (the Generator shall include a secondary containment system and Cables are hereinafter collectively referred to protect against and contain any release of hazardous materialsas the "Equipment"). The Generator shall be placed in an area (location and size of the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator Equipment shall be subject to Landlord’s approval 's approval, not to unreasonably withheld and which best promotes the safety, aesthetics and efficiency of the manner in which Equipment; provided, all of the Generator is 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, the manner maintained, operated and removed in which any fuel pipe is installed, the manner in which any ventilation accordance with all Recorded Matters and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will applicable Laws. No additional rent shall be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence paid by Tenant for use of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation Space and operation of the GeneratorEquipment. In addition to, The Equipment shall remain the property of Tenant and without limiting Tenant’s obligations under Tenant shall remove the Equipment Upon the expiration or earlier termination of the Lease, . Tenant shall comply restore the Generator Space and any other portion of the Building affected by the Equipment to its original condition, excepting ordinary wear and tear and/or damage or destruction due to fire or other casualty not caused directly or indirectly by Tenant, its agents, employees, contractors or the Equipment or any part thereof. Tenant may not assign, least, rent, sublet or otherwise transfer any of its interest in the Generator Space or the Equipment except together with the remainder of all of the Premises as more particularly set forth in Section 14. Each of the other provisions of this Lease shall be applicable environmental to the Equipment and fire prevention Laws pertaining to Tenant’s the use of the Generator AreaSpace by Tenant, including without limitation, Sections 12, 13 and 27 of this Lease. Tenant shall also be responsible for indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from any and all claims, demands, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) Landlord may suffer or incur arising out of or related to the cost of all utilities consumed in the operation installation, use, operation, maintenance, replacement and/or removal of the GeneratorEquipment or any portion thereof.

Emergency Generator. In accordance with, and subject to, (ai) reasonable construction rules and regulations promulgated by Landlord, and (ii) the terms and conditions hereof, (iv) applicable Laws, (v) Underlying Documents and (vi) approval from the City of San Mateo, Tenant shall have the right set forth in Article 8 of this Lease and this Article 22, to install, repair, maintain and use, at Tenant’s sole cost and expense but without any additional payment to Landlord to install and operate an emergency generator (the “Generator”) in one of the locations depicted on Exhibit J attached hereto, subject to Landlord’s review and approval of Txxxxx’s plans thereforconfirmation that such locations may accommodate such Generator, shall have the right to install a supplemental generator (the “Generator” which term shall include associated power and fuel lines), to provide emergency additional electrical capacity to the Premises during the Term, in an electrical capacity to be or another area reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator shall be placed in an area Landlord (the “Generator Area”) measuring approximately 20’ x 20’ ), in order to be designated 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 on or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall install the roof andGenerator in accordance with Article 8 above, including Landlord’s right to review and approve Tenant’s plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. 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 such associated power and fuel linesthe Generator, except for property damage to the extent caused by the negligence or willful misconduct of any Landlord Party (but subject to the waiver in such conduits or other areas as Landlord shall designateSection 10.5). Notwithstanding the foregoing, Txxxxx’s right to install the The Generator shall be subject used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generator, and such connections to the Building, for testing and regular maintenance at times approved by Landlord’s , which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall comply with all reasonable requirements imposed by Landlord so that the Building Systems or other components of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems Project are 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 not adversely affected by the operation of the Generator. Landlord makes no representations or warranties, includingand shall have no responsibility or liability to any Tenant Party for any losses, damages, injury to persons or property caused by, related to, arising out of or in connection with, to the condition of the Generator Area, or the fitness or suitability of the Generator Area for the installation, maintenance and operation of the Generator. For all purposes under this Lease, the Generator shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. In the event that Tenant shall fail to comply with the requirements set forth herein within ten (10) business days following its receipt of Landlord’s notice of such failure, without limitationlimitation of Landlord’s other remedies, any necessary 2 hour rated enclosures or sound installation. (i) Landlord shall have the right to require an acceptable enclosure terminate Tenant’s rights with respect to hide or disguise the existence of Generator, and/or (ii) Landlord shall have the Generator right, at Tenant’s sole cost and expense, to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and the Property. cure such breach, in which event Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for obligated to pay to Landlord, within ten (10) business days following demand by Landlord, the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 Generatoramount reasonably expended by Landlord.

Emergency Generator. (a) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have the right to install a supplemental use the emergency generator serving the Premises as of the Commencement Date in common with other tenants having the right thereto. Landlord’s sole obligation for either providing an emergency generator or providing emergency back-up power to Tenant shall be: (i) to provide during the “Generator” which term shall include associated power and fuel linesTerm an emergency generator with not less than the capacity of the emergency generator being installed by Landlord as part of the Base Building Improvements (as defined in the Work Letter), which is designed to provide approximately 4 xxxxx per rentable square foot of the Premises based on the connected load, and (ii) to contract with a third party to maintain the emergency additional electrical capacity generator as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with an operational emergency generator or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generator is maintaining the generator as per the manufacturer’s standard guidelines or otherwise. 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 (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. During any period of replacement, repair or maintenance of the emergency generator when the emergency generator 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 alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generator will be operational at all times or that emergency power will be available to the Premises when needed. During any period when the emergency generator is not operational, except to the extent that Landlord is obtaining temporary back-up power for the Premises and/or Building (without any obligation on the part of Landlord to do so), Landlord shall reasonably cooperate, at no material cost to Landlord, with Tenant in its efforts to obtain temporary back-up power for the Premises during such period of non-operation of the emergency generator, including providing a location for the temporary placement of equipment to provide back-up power to the Premises during the Term, in an electrical capacity to be reasonably approved by Landlord. Tenant’s plans for the Generator shall include a secondary containment system to protect against and contain any release such period of hazardous materials. The Generator shall be placed in an area (the “Generator Area”) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 non-operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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 Building and the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 Generatoremergency generator.

Emergency Generator. (aA) Tenant, subject to Landlord’s review and approval of Txxxxx’s plans therefor, Tenant shall have access to and use of the right to install Tenant Generator Space (as defined in Exhibit N attached hereto) for the installation, use, maintenance and repair of a supplemental diesel-powered electric generator and other related equipment, including fuel tanks, fuel lines, mountings and supports (collectively, the “Tenant Generator” which term shall include associated ”) for purposes of providing emergency and back-up electrical power and fuel lines), to provide emergency additional electrical capacity to the Premises during Premises, all to the Termextent permitted by and in accordance with applicable Laws, but exclusive of any emergency power required for the base Building’s life safety systems, including base Building life safety devices required by governmental entities or agencies having jurisdiction over the Building and installed in an electrical capacity to the Premises, which installation shall be reasonably approved by at the sole cost and responsibility of Landlord. Tenant, at its cost, shall install, maintain (in good and safe condition and repair, in compliance with all Laws), insure and remove (at the end of the Term) the Tenant Generator and shall, at its sole cost and expense, repair any and all damage caused to the Building or any equipment or property as a result of Tenant’s plans exercise of the rights granted in this Article 26. Tenant shall pay Rent for use of such Tenant Generator Space area at the gross rental rate (i.e., there shall be no Operating Expenses or Taxes separately payable for any such Tenant Generator Space) of $17.00 per square foot of Rentable Area thereof, increased on a cumulative, compounding basis commencing on the first day of the second Lease Year by two and one-half percent (2.5%) annually; provided that no such Rent shall include a secondary containment system be payable relative to protect against any separate space used for housing Tenant’s fuel tank (i.e., as opposed to being used for housing the generator and contain any release other related equipment constituting the Tenant Generator hereunder). Installation of hazardous materials. The the Tenant Generator shall be placed performed at Tenant’s sole cost and expense in an area accordance with the provisions of the Workletter (if part of the “Generator Area”Tenant Work) measuring approximately 20’ x 20’ to be designated by Landlord on the roof and, with respect to such associated power and fuel lines, in such conduits or other areas as Article 7. Landlord shall designate. Notwithstanding the foregoing, Txxxxx’s right to install the Generator shall be subject to Landlord’s approval ensure that no equipment of Landlord or any other tenant or occupant of the manner in which the Generator is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are 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 Building interferes with the operation of the GeneratorTenant Generator or any equipment related thereto, includingand, without limitationif any such interference shall arise, any necessary 2 hour rated enclosures or sound installationLandlord shall, at no cost to Tenant, promptly remedy such interference. Landlord shall have and Tenant agree that upon the termination of this Lease or Tenant’s right to require an acceptable enclosure to hide possession hereunder, for any reason, Tenant’s rights under this Article 26 shall simultaneously terminate. Within fifteen (15) Business Days following the expiration or disguise the existence earlier termination of the Term, Tenant shall remove the Tenant Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of from the Building and repair any damage caused to the Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall not install or operate the Generator until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant 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 GeneratorBuilding as a result thereof.