Common use of Emergency Generator Clause in Contracts

Emergency Generator. Tenant shall have the right to 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”). Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.

Emergency Generator. For the duration of the Lease Term and any Option Term, Tenant shall have the right to tie into and use the emergency a fuel tank backup generator to be installed by Landlord as part with a capacity of the Base Building Work for use by tenants of the Unit approximately 300 KW (the “Unit Emergency Generator”). Tenant shall be responsible, which Landlord shall, at its it’s sole cost and expense, for installingpurchase in “new” condition, maintaining, repairing install and replacing its connection between hook up next to the Premises and at the Unit 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 all associated cablingexpense, maintain and repair such Emergency Generator in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant shall be permitted 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 use up to an average and in accordance with the terms of three (3) this Section 29.36. ▇▇▇▇▇▇ per square foot of usable area acknowledges and agrees that, notwithstanding ▇▇▇▇▇▇’s right to utilize the Emergency Generator as provided herein throughout the Lease Term and any Option Term, Tenant shall acquire no ownership interest therein. Notwithstanding the foregoing, in the Premises from event that the Unit GeneratorEmergency Generator becomes damaged, and then, at no time Landlord’s option, Tenant shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit either (i) repair or replace such Emergency 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, provided that any replacement shall comply be made with all applicable Legal Requirements reasonably comparable components, or (ii)pay to Landlord (promptly following demand therefor by Landlord) the reasonable repair and/or replacement costs associated with the damage to such Emergency Generator, reasonable wear and Title Matters and tear excepted. Tenant shall not remove any part of the Emergency Generator without Landlord’s reasonable directives relating to prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon the installation, operation, maintenance and repair of such tie-in, including (i) obtaining and maintaining (expiration or causing to be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into and use earlier termination of the Unit 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 may not use the Unit Generator for any purpose other than solely hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s occupancy 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 applicable governmental laws, codes, rules and regulations. Tenant shall not be 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 use of such Emergency Generator by an unrelated third party. Tenant hereby expressly acknowledges Landlord’s continued right to (x) itself utilize any portion of the Premises for Building where the Permitted Use Emergency Generator is located, and in accordance with (y) re-sell, license or lease any applicable permit(s) pertaining such space to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Developmentan unaffiliated third party.

Emergency Generator. Although Landlord is the owner of emergency generator and related automatic transfer switches serving the Building and the 901 Building (collectively, the “Emergency Generator”), prior to the date of this First Amendment, Tenant, as the sole tenant of the Building and the 901 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 to 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”). Tenant shall be responsibleright, at its 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 installingeither 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 entitled to Tenant’s share of the capacity thereof available for use by all tenants of the Building and the 901 Building, maintainingcollectively, repairing and replacing its connection between in accordance with the rentable area of the Premises and the Unit Generator901 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 all associated cabling(iii) to obtain and maintain licenses for the emergency 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, oversee or confirm that the Emergency Generator Servicer or any other third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall provide to Tenant copies of any reports received by Landlord from the Emergency Generator Servicer regarding its maintenance and repairs of the emergency generators; provided, however, that in no event shall Landlord’s failure to deliver such reports constitute a default by Landlord under the Lease. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Landlord shall be permitted to use up to an average provide Tenant with not less than five (5) business days’ notice of three (3) ▇▇▇▇▇ per square foot of usable area the scheduled disruption in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part operation of the Initial emergency generators. In the case of an emergency, Landlord shall provide Tenant Work in accordance with the provisions notice of any emergency disruption as soon as reasonably possible after Landlord becomes aware of the Work Letter, installation of need for 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Developmentemergency disruption.

Emergency Generator. (a) Subject to Landlord’s prior written approval of the design and specifications therefor (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right to 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”). Tenant shall be responsibleright, at its sole cost and expenseexpense (except to the extent to which the installation cost thereof is paid through the Landlord’s Allowance), to install, operate, repair, maintain and replace a back-up generator reasonably necessary for installing, maintaining, repairing Tenant’s requirements including natural gas or fuel supply and replacing its connection between the Premises and the Unit Generatortank therefor reasonably necessary for Tenant’s requirements (not to exceed applicable code requirements), and all associated cablingreasonably necessary cabling and related appurtenances (collectively, the “Generator”) to serve the Premises at the location identified on Exhibit A attached hereto or in a location in or around the Building or the Parking Facilities as otherwise agreed upon by the parties, if Tenant elects to install the Generator. (b) No Rent shall be charged to Tenant for the area to be occupied by the Generator and the areas required to connect the Generator to the appropriate locations within the Premises (but if the Generator occupies any parking spaces in the Parking Facilities, such spaces shall reduce the required Parking Allotment by the number of such occupied spaces). Tenant shall will be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation solely responsible for all utility charges incurred with respect to the Unit Generator. , as separately metered (at Tenant’s expense). (c) Except to the extent that Tenant ties into the Unit Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of such tie-in the Generator and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date date(s) Tenant’s proposed plans and specifications relating to the tie-in to installation, operation and use of the Unit Generator and all associated lines. Except to the extent the Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, Tenant may not commence any work to tie into the Unit install a Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters restrictive covenants affecting the Property and Landlord’s reasonable directives relating to the installation, operation, maintenance and repair of such tie-inthe Generator, including including, but not limited to (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits required for the installation, operation, maintenance and repair of the Generator, (ii) implementing spill prevention control and countermeasures and containment plan(s) (as required by federal, state, or local regulations) or best management practices plan(s), (iii) providing evidence of insurance covering such facilities, and (iv) maintaining and inspecting such facilities and related equipment and keeping records related thereto. Tenant will maintain and repair the Generator in good operating condition throughout the Term, at Tenant’s sole cost and expense. Any replacement (excluding insured casualty), all maintenance and repair of the Generator and all governmental compliance required in connection with the Generator will be Tenant’s sole responsibility and Tenant’s sole cost and expense; provided, however, if Tenant fails to commence such maintenance and repair within thirty (30) days (unless an emergency exists, in which event Tenant shall promptly commence such curative work and thereafter diligently prosecute the same to completion) after written notice from Landlord and thereafter diligently prosecutes the same to completion, then Landlord may elect to perform such maintenance at Tenant’s sole cost and expense. Upon Landlord’s request, Tenant will promptly provide Landlord with copies of all records relating to the tie into installation, operation, maintenance and use repair of the Unit Generator. . (d) Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentProperty. This provision does not modify Tenant’s permitted use of the Premises, and does not relieve Tenant of any environmental liability under this Lease. (e) At any time within ninety (90) days prior to the expiration of the Lease, or earlier termination of the Lease, Landlord may, at Tenant’s cost and expense, cause a qualified environmental consultant reasonably acceptable to Landlord and Tenant to perform an environmental investigation to determine whether a release of any Hazardous Materials has occurred during the Term of this Lease with respect to the Generator. Within thirty (30) days following the expiration or earlier termination of this Lease, Tenant may elect (but shall not be required) to remove the Generator, but if Tenant elects to do so, Tenant shall promptly (i) remove the Generator (and any related fuel tanks, conduit, fuel lines, cabling and other appurtenances associated therewith), (ii) restore the affected areas to their original condition prior to the installation of the Generator, in accordance with plans and specifications reasonably acceptable to Landlord and all applicable Legal Requirements, and (iii) repair any damage to the Premises or the Property caused by the removal of the Generator. Tenant shall perform any required environmental remediation for the release of any Hazardous Materials in connection with the Generator caused by Tenant or any Tenant Party during the Term of this Lease in accordance with applicable Legal Requirements, all at Tenant’s sole cost and expense. If the environmental investigation performed by the environmental consultant as provided above confirms the release of any Hazardous Materials caused by Tenant or any Tenant Party in connection with the Generator, Tenant must thereafter perform any clean up or remediation required by applicable Legal Requirements and in accordance with applicable Legal Requirements, and document with a report prepared by a qualified environmental consultant reasonably approved by Landlord, evidencing either no impact to soil and groundwater exceeding state cleanup criteria for the use of the site, or that any impacted soil or groundwater has been remediated in a manner and to a level meeting the applicable state cleanup criteria, together with any applicable state assurance or closure. (f) Tenant will promptly report to Landlord any spill or release and any written citations or notices of violation of any Legal Requirements received by Tenant in connection with the Generator, and will provide Landlord with copies thereof. Such notification to Landlord will not relieve Tenant from its obligations to notify governmental agencies. Any cleanup or remediation will be completed by Tenant in accordance with applicable Environmental Laws and in a manner and to a level meeting the applicable state cleanup criteria, together with any applicable state assurance or closure. (g) Tenant shall make annual inspections, at Tenant’s expense, to ensure regulatory compliance and the proper operation, maintenance and repair of the Generator, and will forward copies of such inspection reports to Landlord promptly following receipt of Landlord’s written request(s) therefor.

Emergency Generator. Subject to Tenant’s compliance with all Applicable Laws, Landlord shall permit Tenant shall have the right to 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”). Tenant shall be responsiblemaintain, at its Tenant’s sole cost and expense, the above-ground emergency generator (as a Miscellaneous Common Area Item) previously installed by Tenant pursuant to the Existing Lease for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to Tenant’s use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from (the Unit “Emergency Generator”); provided, however, Tenant hereby acknowledges and at no time shall Tenant exceed agrees that use limitation with respect to promptly following the Unit Generator. Except to the extent that Tenant 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 execution of this Lease relating to Lease, Tenant Work. Tenant will submit to Landlord shall, 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply disconnect and/or remove all cabling, wiring, conduit and other such connections of the Emergency Generator, which cabling, wiring, conduit or other such connections are connected to any non-Premises portions of the Building, in accordance with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to the installation, operation, maintenance removal and repair of such tie-inrequirements set forth in Section 8.5, including below. Such Emergency Generator shall be used by Tenant only during (i) obtaining testing and maintaining regular maintenance, and (ii) any period of electrical power outage in the Building. Tenant shall be entitled to operate the Emergency Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Any repairs and maintenance of such Emergency Generator shall be the sole responsibility of Tenant. Upon the expiration or causing to be obtained earlier termination of the Lease, Tenant may, at Tenant’s sole cost and maintained) expense, remove the Emergency Generator and complying with the provisions of all applicable permits relating associated cabling and wiring and repair all damage resulting from such removal; provided, however, to the tie into and use extent this Lease is terminated prior to the Lease Expiration date pursuant to Article 19 of the Unit Generator. this Lease, then, unless Landlord provides prior written notice to Tenant may not use the Unit requiring Tenant to remove such Emergency Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining the removal and repair obligations in Section 8.5, below, such Emergency Generator shall become the sole property of Landlord in accordance with the terms of Section 8.5, below. Landlord makes no representation or warranty with respect to the Unit Generator. Except Emergency Generator or its suitability for permitted subtenants use by Tenant and assignees. Tenant may not use the Unit Generator to serve other occupant(s) Article 10 of the DevelopmentLease shall apply with respect to Tenant’s use, maintenance, repair and operation of the Emergency Generator.

Emergency Generator. Tenant shall have Landlord hereby approves the right to 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”). Tenant shall be responsibleconstruction, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to the installation, operation, maintenance and repair use of such tieany or all (as determined by Tenant) of (1) one diesel back-inup emergency generator and (2) one uninterrupted power source system and (3) one fuel storage tank and pipes and connections thereto ((1), including (i) obtaining and maintaining (or causing to be obtained and maintained2) and complying (3) collectively, the “Emergency Generator”), all in accordance with specifications reasonably approved by Landlord, and hereby grants Tenant the appurtenant right, at Tenant’s sole cost and expense, to (a) construct, install, operate, maintain and use the Emergency Generator in the location shown on Exhibit H attached hereto (the “Generator Space”), and (b) construct, run, install, operate, maintain, and use conduits, wires and other appurtenances to and from the Emergency Generator through the Common Areas of the Building reasonably designated by Landlord to the Premises (collectively, the “Appurtenances”), and (c) use the Emergency Generator (in instances where emergency power is required by Tenant) and to test at other times and intervals as advised by the manufacturer or as required by law or as reasonably agreed upon by Landlord and Tenant). Tenant’s use and maintenance of the Emergency Generator shall at all times comply will all applicable laws. Tenant acknowledges that Tenant shall be solely responsible for the use, operation and maintenance and securing of the Emergency Generator, that Landlord shall have absolutely no liability in connection therewith except damage caused to the Emergency Generator by Landlord’s gross negligence or willful misconduct, and that Tenant shall defend, indemnify and hold Landlord harmless from all loss, cost, liability and expense in connection with the provisions of all applicable permits relating Emergency Generator except to the tie into and extent due to Landlord’s gross negligence or willful misconduct. Notwithstanding the foregoing or anything in this Lease to the contrary, upon the Expiration Date or the earlier termination of the Lease or Tenant’s use of the Unit GeneratorGenerator Space, Tenant shall have no obligation to remove the Emergency Generator or any ancillary equipment relating thereto from the Generator Space, but may do so if Tenant so chooses. Tenant may not use agrees that the Unit term “Premises,” as used in the Lease, shall include the Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentSpace.

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 (all 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. Tenant shall have the right to 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 connect (the “Unit Generator”). provided that all Tenant shall be responsiblesolely responsible for all 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 its Tenant's sole cost and expense, for installing, maintaining, repairing expense and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 reimburse Landlord at least for all costs within thirty (30) days prior following receipt of an invoice therefor. In connection with the installation of the Emergency Generator, Tenant hereby acknowledges that Landlord shall not be required to make any modifications or improvements to the proposed installation date existing enclosure surrounding the existing generator. Tenant’s proposed plans 's use of the Emergency Generator shall be at Tenant's sole risk, and specifications relating to Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the tie-in to the Unit Generator and all associated linesEmergency Generator. Tenant may not commence any work to tie into shall maintain such Emergency Generator in the Unit Generator until it has same condition and repair as received Landlord’s prior written approval (not to be unreasonably withheldordinary wear and tear and damage by other uses excepted), delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply in compliance with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to laws (including 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 permits). Tenant hereby waives any claims against Landlord or any Landlord Parties resulting from Tenant's use of the Unit 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 may shall not be charged any additional rental or other costs for the use of the Unit location in which the Emergency Generator for any purpose other than solely is located. Tenant shall surrender the Emergency Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with Tenant’s occupancy the Emergency Generator during the Expansion Term) concurrent with the surrender of the Existing Premises for the Permitted Use to Landlord as required hereunder in good operating and in accordance working order, with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Developmentall permits current.

Emergency Generator. As of the date of this Lease, Tenant has installed an emergency generator and diesel fuel tank (collectively, the “Emergency Generator”) in the garage located underneath the Building and certain connections between the Emergency Generator and the Premises (the “Generator Connections”). To the best of Landlord’s actual knowledge as of the date of this Lease (without investigation or inquiry), Landlord is unaware of any non-compliance of the Emergency Generator or the Generator Connections with the applicable provisions of this Lease (although it is Landlord’s understanding that the Emergency Generator and Generator Connections have not yet had a final inspection by the City of Waltham). Tenant’s use of the Emergency Generator shall be upon all of the conditions of the Lease, except as modified below: (a) Tenant shall have the right no obligation to tie into and use the emergency generator to be installed by Landlord as part pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Base Building Work Emergency Generator or the Generator Connections. (b) The Emergency Generator shall be used solely to provide back-up power in the event of an outage for use by tenants Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Premises, but not for the purposes of running any life-safety systems or equipment (it being understood and agreed that such dedicated HVAC systems may not function during such an outage, even if connected to the Emergency Generator, to the extent that the base building systems are not functioning). (c) Landlord shall have no obligation to provide any services to the Emergency Generator. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 16.30, arrange for all utility services required for the operation of the Unit Emergency Generator. (the “Unit Generator”). d) Tenant shall be responsibleshall, at its sole cost and expense, be solely responsible for installing, maintaining, repairing all maintenance and replacing its connection between repair to the Premises Emergency Generator and the Unit GeneratorGenerator Connections. In connection therewith, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 provide Landlord at least within thirty (30) days prior after request therefor with evidence of the existence of a maintenance contract for the Emergency Generator with a service provider reasonably acceptable to Landlord. (e) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the proposed installation date Tenant’s proposed plans and specifications relating to Emergency Generator or the tie-in to the Unit Generator and all associated lines. Tenant may not commence any work to tie into the Unit Generator until it has received Connections without Landlord’s prior written approval (consent, which consent shall not to be unreasonably withheldwithheld or delayed. (f) Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of the Emergency Generator and the Generator Connections. (g) Except for assignees of this Lease or subtenants of all or a portion of the Premises, delayed no other person, firm or conditionedentity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the right to connect to the Emergency Generator other than Tenant. (h) To the maximum extent permitted by law, Tenant’s use of such plans the Emergency Generator and specifications. the Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Emergency Generator or the Generator Connections are damaged for any reason. (i) Tenant shall comply with all applicable laws, ordinances and regulations in Tenant’s use of the Emergency Generator and the Generator Connections. (j) Landlord shall have the right, exercisable no more than one (1) time during the Lease Term upon no less than one hundred twenty (120) days notice to Tenant and at its Landlord’s sole cost and expense, to relocate the Emergency Generator and the Generator Connections to another area in the vicinity of the Building. Landlord and Tenant shall comply cooperate with all applicable Legal Requirements each other in good faith to schedule such relocation work on nights and Title Matters and Landlordweekends so as to minimize interference with Tenant’s reasonable directives relating business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 7.6(C) above. (k) In addition to the installation, operation, maintenance and repair of such tie-in, including (i) obtaining and maintaining (or causing to indemnification provisions set forth in this Lease which shall be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into Emergency Generator and the Generator Connections, Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of the Unit Emergency Generator and the Generator Connections. (l) Landlord shall have the right to designate or identify the Emergency Generator with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Emergency Generator. It is expressly understood and agreed that, as Special Improvements, Landlord may require removal of the Emergency Generator and Generator Connections pursuant to Section 9.1 of this Lease, but that Tenant may not use elect to remove the Unit Emergency Generator for and Generator Connections any purpose other than solely in connection with Tenant’s occupancy of time during the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentLease Term.

Emergency Generator. Tenant shall have may, at its sole cost and expense, maintain, repair and replace in the right to tie into and use Building the existing emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit and diesel fuel tank (collectively, the “Unit Emergency Generator”), in its existing location, subject to and in accordance with this Lease including, without limitation, Article IX. Tenant’s use of the Emergency Generator shall be upon all of the conditions of the Lease, except as modified below: (a) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installinginstalling all necessary connections (the “Generator Connections”) between the Emergency Generator and the Premises. In addition to complying with the applicable construction provisions of this Lease, maintainingTenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, repairing which approval will not be unreasonably withheld or delayed, of Tenant’s plans and replacing specifications for the placement and installation of the Generator Connections, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Generator Connections. Landlord shall inform Tenant at the time of its connection between review of the Generator Connections whether Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this Lease. (b) Tenant shall have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Emergency Generator or the Generator Connections. (c) The Emergency Generator shall be used solely to provide back-up power in the event of an outage for Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Unit Premises, but not for the purposes of running any life-safety systems or equipment (it being understood and agreed that such dedicated HVAC systems may not function during such an outage, even if connected to the Emergency Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that the base building systems are not functioning). (d) Landlord shall have no obligation to provide any services to the Emergency Generator. Tenant ties into the Unit Generator as part of the Initial Tenant Work shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 16.30, arrange for all utility services required for the Work Letter, installation operation of such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Emergency Generator. (e) 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenantshall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Emergency Generator and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the Emergency Generator with a service provider reasonably acceptable to Landlord. (f) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Emergency Generator or the Generator Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. (g) Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of the Emergency Generator and the Generator Connections. (h) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the right to connect to the Emergency Generator other than Tenant. (i) To the maximum extent permitted by law, Tenant’s use of the Emergency Generator and the Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Emergency Generator or the Generator Connections are damaged for any reason. (j) Tenant shall comply with all applicable Legal Requirements laws, ordinances and Title Matters and Landlordregulations in Tenant’s reasonable directives relating to 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 Unit GeneratorEmergency Generator and the Generator Connections. (k) Landlord shall have the right, upon no less than one hundred twenty (120) days notice to Tenant and at Landlord’s sole cost and expense, to relocate the Emergency Generator and the Generator Connections to another area in the vicinity of the Building. Landlord and Tenant may not use the Unit Generator for any purpose shall cooperate with each other than solely in connection good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant’s occupancy business operations. Any such relocation by Landlord shall not independently (i.e., in the absence of another cause) be deemed to constitute a failure of electric supply under Section 7.6(C) above. (l) In addition to the indemnification provisions set forth in this Lease which shall be applicable to the Emergency Generator and the Generator Connections, Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of the Premises for Emergency Generator and the Permitted Use Generator Connections. (m) Landlord shall have the right to designate or identify the Emergency Generator with or by a lease or license number (or other marking) and in accordance with any applicable permit(sto place such number (or marking) pertaining to the Unit on or near such Emergency Generator. Except for permitted subtenants It is expressly understood and assignees. agreed that, as Special Improvements, Landlord may require removal of the Emergency Generator and Generator Connection pursuant to Section 9.7 of this Lease and Tenant may not use elect to remove the Unit Emergency Generator to serve other occupant(s) and Generator Connection at the expiration or earlier termination of the Developmentthis Lease.

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 have grant to Tenant the exclusive right (but not the obligation) to tie into and (i) use the existing emergency generator to be installed by Landlord as part 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 Base Building Work for use electrical capacity of such Emergency Generator between the Premises and those certain premises occupied by tenants of Tenant pursuant to the Unit CCCV Lease (the “Unit Generator”)"CCCV Premises") at Tenant's discretion. Tenant shall be responsibleLandlord agrees to cooperate with Tenant, at its Tenant's sole cost and expense, for installingwith Tenant's efforts, maintainingconducted at Tenant's sole cost and expense, repairing and replacing its connection to (y) obtain access rights ("Transmission Easement") across any real property owned or controlled by third parties located between the Premises and the Unit CCCV Premises and (z) construct any and all conduits, cabling and junction boxes or other electrical apparatus necessary to link the Premises with the CCCV Premises for purposes of transmitting backup power from the 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, and all associated cabling. Tenant shall be permitted solely responsible for performing any maintenance or repair to use the Emergency Generator which may be necessary or required to address any deferred maintenance or otherwise necessary to bring the Emergency Generator up to an average of three (3) ▇▇▇▇▇ per square foot of usable area proper running order in compliance with all Requirements. In addition to the Premises from foregoing, during any such periods as Tenant elects to so utilize the Unit Emergency Generator, and at no time Tenant shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work in accordance with the provisions of the Work Letteralso be responsible for performing, 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not or causing to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenantperformed, at its Tenant's sole cost and expense, shall comply with (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 applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating inspections, maintenance or repairs to the installationEmergency Generator necessary to keep it in proper running order consistent with standards applicable to office buildings located in Cupertino, 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 California comparable to the tie into and use of the Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentBuilding.

Emergency Generator. (a) To the extent permitted by Law, Tenant shall have the right to 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”). Tenant shall be responsiblemay, at its Tenant's sole cost and expense, for installinginstall an emergency generator, maintainingat Tenant's option, repairing in any of the following locations: (i) on the Building setback on the 17th floor of the Building in a location designated by Tenant and replacing its connection between reasonably satisfactory to Landlord, (ii) alongside Landlord's emergency generator in the Premises and pit located on the Unit Generatorsub-cellar floor of the Building or (iii) in the mechanical equipment room on the 8th floor of the Building in the location shown on that certain drawing dated 6/20/95, and all associated cablingSketch No. Tenant shall be permitted to use up to an average of three (3) SKM-3, prepared by ▇▇▇▇▇▇▇ per square foot and ▇▇▇▇, P.C. and titled "8th Floor MER Room Proposed Generator Loc.", together with all required controls, wiring, distribution and other ancillary equipment normally associated therewith; provided, that any fuel tank shall be located on the sub-cellar level of usable area the Building adjacent to Landlord's fuel tanks. Tenant may replace or modify such equipment (and modify Tenant's electrical distribution system connected to such generator) from time to time during the Term, subject to the provisions of this Lease. (b) In any case where, pursuant to the provisions of this Lease, Tenant is permitted to install equipment on a setback of the Building, or in the Premises from case where Tenant is permitted to install an emergency generator in the Unit Generatorsub-cellar or 8th floor mechanical equipment room in accordance with Section 8.19(a) above, Tenant's installation of such equipment shall be done as an Alteration, and shall constitute a Material Alteration. Any installation, maintenance, repair and replacement of such equipment shall be done at Tenant's expense, and Landlord shall have no time shall Tenant exceed that use limitation with liability in respect thereof. No installation on a Building setback may be closer than 5 feet to the Unit Generatorparapet wall, and any installation shall provide for adequate drainage and decking and be done in a manner to provide that such equipment shall not cause unreasonable noise, unreasonable vibration or other unreasonable interference with any other occupants of the Building or the operation of the Building. Except Any reinforcement of the setback area or other reasonable requirements of Landlord's structural engineer required as a result of Tenant's installation shall be performed by Landlord at Tenant's reasonable expense. Landlord may at all times use the setback area, sub-cellar or 8th floor mechanical equipment room in connection with any cleaning, maintenance, repair or operation of the Building, and Landlord shall have no liability to Tenant by reason thereof, provided that Landlord does not interfere with the operation of Tenant's equipment. Subject to Sections 7.03 and 7.05(f), Tenant shall be responsible for all damage to persons or property which results from Tenant's use of the setback area, sub-cellar or 8th floor mechanical equipment room except to the extent that caused by the negligence or willful misconduct of any Landlord Indemnified Party. Landlord makes no warranty to Tenant ties into as to the Unit Generator permissibility under Laws of using the setback, sub-cellar or 8th floor mechanical equipment room for any purpose permitted under this Lease or as part to the suitability of the Initial Tenant Work in accordance with the provisions of the Work Lettersetback, installation of sub-cellar or 8th floor mechanical equipment room for any such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Workpurpose. 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all Laws applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to the installation, operation, maintenance equipment so installed 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 Tenant's use of the Unit Generatorsetback area, sub-cellar or 8th floor mechanical equipment room. Tenant shall secure and keep in full force and effect, from and after the time Tenant begins installation of such equipment, such supplementary insurance with respect to such equipment as Landlord may reasonably require, provided that the same shall not use the Unit Generator for any purpose other than solely be in connection excess of that which would customarily be required from time to time by landlords of buildings of similar class and character in New York City with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(srespect to similar installations. (c) pertaining Landlord shall give Tenant reasonable access to the Unit Generatorsetback area, the sub-cellar space or the 8th floor mechanical equipment room, as the case may be, so as to permit Tenant to install, operate, maintain, repair and replace its emergency generator and to connect the same to the Premises; provided, that, in any such case, Tenant shall be accompanied by a representative of Landlord who shall be made available to Tenant at reasonable times upon reasonable advance notice from Tenant. Except for permitted subtenants If Tenant installs the emergency generator in the sub-cellar space, Landlord may at any time and assignees. Tenant may not use from time to time during the Unit Generator Term (but only after such prior notice, if any, as is reasonable under the circumstances) at Tenant's reasonable expense, temporarily disconnect and remove Tenant's generator if reasonably required in order to serve access the Building emergency generator or other occupant(s) emergency generators at such location, in which event, upon completion of Landlord's work, Landlord shall, at Tenant's reasonable expense, re-install the Developmentsame in substantially its original location.

Emergency Generator. Tenant shall have the exclusive right to tie into 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 “as is” condition, and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator and Landlord shall not be liable for any damages resulting from any failure in 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 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 installed by October 1, 2014). If Landlord as part of is unable for any reason to grant such exclusive use to Tenant on any specific date for any reason whatsoever (including, without limitation, the Base Building Work existing tenant's failure to surrender), Landlord shall not be liable for use by tenants of the Unit (the “Unit Generator”)any damages resulting therefrom. Tenant shall not be responsiblecharged any additional rental or other 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 its Tenant's sole cost and expense, for installing, maintaining, repairing and replacing its connection between provided that Tenant shall not be required to replace any major components of the Premises and Emergency Generator. If the Unit GeneratorEmergency Generator requires the replacement of any major components, and all associated cablingTenant elects not to replace the same, Landlord shall have no obligation to do so. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation Tenant's obligations with respect to the Unit Premises, including the insurance and indemnification obligations contained in Article 10, below, shall apply to Tenant's use of the Emergency Generator and Tenant shall be provide to carry industry standard Boiler and machinery insurance covering the Emergency Generator. Except Tenant shall surrender the Emergency Generator (and shall transfer to Landlord all permits maintained by Tenant in connection with the Emergency Generator during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in the same condition as received (ordinary wear and tear and damage by other uses excepted), with all permits current. Prior to the extent that Tenant ties into the Unit Generator as part availability of the Initial Tenant Work in accordance with the provisions of the Work LetterEmergency Generator, installation of such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating Landlord shall provide 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating no additional charge to the installation, operation, maintenance and repair of such tie-in, including Tenant (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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely normal costs of operation and maintenance), a temporary emergency generator for Tenant's use in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentPremises.

Emergency Generator. Tenant shall have the right to tie into may, at its sole cost and use the expense, install an emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit (the “Unit Emergency Generator”) in a location (“Generator Location”) at the Property to be designated by Landlord and certain connections between the Emergency Generator and the Premises (the “Generator Connections”). The exact specifications of the Emergency Generator and the Generator Connections, the method of installing the Emergency Generator and the Generator Connections and the location on the Property for the Emergency Generator and the Generator Connections shall all be subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed. Tenant and Tenant's contractors shall have reasonable access to Generator Location in order to inspect, service, repair, maintain and replace the Emergency Generator and Generator Connections, subject to Landlord's reasonable rules and regulations of which Tenant has been given prior notice relative to such access and use. Tenant's use of the Emergency Generator shall be upon all of the conditions of the Lease, except as modified below: (A) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installinginstalling the Generator Connections. In addition to complying with the applicable construction provisions of this Lease, maintainingTenant shall not install or operate the Generator Connections in any portion of the Building or the Property until (x) Tenant shall have obtained Landlord's prior written approval, repairing of the Emergency Generator and replacing its connection between the Generator Connections, as provided above, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Emergency Generator and the Generator Connections. (B) Tenant shall have no obligation to pay Annual Fixed Rent, Landlord's Tax Expenses Allocable to the Premises and or Operating Expenses Allocable to the Unit Premises in respect of the Emergency Generator or the Generator Connections. (C) The Emergency Generator may be used to provide back-up power for Tenant's business operations in the Premises. (D) Landlord shall have no obligation to provide any services to the Emergency Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generatorshall, at its sole cost and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work expense and otherwise in accordance with the provisions of this Article IX, arrange for all utility services required for the Work Letter, installation operation of such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Emergency Generator. (E) 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenantshall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Emergency Generator and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the Emergency Generator with a service provider reasonably acceptable to Landlord. (F) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Emergency Generator or the Generator Connections without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. (G) Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of the Emergency Generator and the Generator Connections. (H) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the right to connect to the Emergency Generator other than Tenant. (I) To the maximum extent permitted by law, Tenant's use of the Emergency Generator and the Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Emergency Generator or the Generator Connections are damaged for any reason. (J) Tenant shall comply with all applicable Legal Requirements laws, ordinances and Title Matters and Landlord’s reasonable directives relating to 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 regulations in Tenant's use of the Unit GeneratorEmergency Generator and the Generator Connections. (K) Landlord shall have the right, upon no less than ninety (90) days' notice to Tenant and at Landlord's sole cost and expense, to relocate the Emergency Generator and the Generator Connections to another location at the Property reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant's use of the Emergency Generator and the Generator Connections. Landlord and Tenant may not use the Unit Generator for any purpose shall cooperate with each other than solely in connection good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant’s occupancy 's business operations. Any such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.7(C) or (D) above. (L) The Emergency Generator and the Generator Connections shall be deemed to be a part of the Premises for the Permitted Use purposes of the indemnity and insurance provisions of Article XIII below. In addition to and not in accordance with any applicable permit(s) pertaining limitation of the foregoing, Tenant shall, to the Unit maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant's use of the Emergency Generator and the Generator Connections. (M) Landlord shall have the right to designate or identify the Emergency Generator with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Emergency Generator. (N) Tenant shall be responsible to disconnect from the Building Emergency Generator at the expiration or earlier termination of the Lease Term. Except for permitted subtenants It is expressly understood and assignees. agreed that Landlord may require removal of the Emergency Generator and Generator Connections at the end of the Term, but that Tenant may not use elect to remove the Unit Emergency Generator to serve other occupant(s) of and Generator Connection at any time during the DevelopmentLease Term.

Emergency Generator. Landlord acknowledges that Tenant shall have the right to tie into and use the may be -------------------- installing an emergency generator to be installed by Landlord as part in the basement of the Base Building Work for use by tenants of the Unit (the “Unit Generator”"EMERGENCY GENERATOR"). Tenant Subject to Landlord's prior approval of all plans and specifications, which approval shall not be responsibleunreasonably withheld, and at its Tenant's sole cost and expense, for installingLandlord shall permit Tenant to install and maintain the Emergency Generator and related fuel storage tank (without the obligation to pay Rent on the space so occupied), maintaining, repairing and replacing its connection connections between the Premises Emergency Generator and Landlord's electrical systems in the Unit GeneratorBuilding 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 all associated cabling(ii) the period of any electrical power outage in the Project. Tenant shall be permitted entitled to use up operate the Emergency Generator and such connections to an average the Adjacent 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 three the connections to the Emergency Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's Systems and Equipment are not materially and adversely -49- TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] affected by the installation and operation of the Emergency Generator. The cost of design (3including engineering costs) ▇▇▇▇▇ per square foot and installation of usable area in the Premises from Emergency Generator and the Unit Generatorcosts 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 at Landlord makes no time shall Tenant exceed that use limitation representation or warranty with respect to the Unit such Emergency Generator. Except to the extent At Landlord's option, Landlord may require that Tenant ties into remove the Unit Emergency Generator as part of and all related facilities upon 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 expiration or earlier termination of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior and the Adjacent Building Lease and repair all damage 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of Project resulting from such plans and specifications. Tenantremoval, at its Tenant's sole cost and expense. Notwithstanding the foregoing, 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 Legal Requirements and Title Matters and Landlord’s reasonable directives relating continue to have the right to maintain the Emergency Generator in the Building, provided that, during such time Tenant shall pay rent to the installationspace dedicated to the Emergency Generator at a rate equal to the "Dead Storage Annual Rental Rate", operation, maintenance and repair as that term is defined in the Adjacent Building Lease. The terms of such tie-in, including (i) obtaining and maintaining (the preceding sentence shall survive the termination or causing earlier expiration of this Lease. The Emergency Generator shall be deemed to be obtained and maintained) and complying with the provisions of all applicable permits relating to the tie into and use of the Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy a part of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) purposes of the Developmentindemnification and insurance provisions of this Lease, and Tenant shall maintain, at Tenant's cost, industry standard "boiler and machinery" insurance coverage with respect thereto.

Emergency Generator. In accordance with, and subject to, (i) 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 tie into install, repair, maintain and use the use, at Tenant’s sole cost and expense but without any additional payment to Landlord to install and operate an emergency generator to be installed by Landlord as part of the Base Building Work for use by tenants of the Unit (the “Unit Generator”) in one of the locations depicted on Exhibit J attached hereto, subject to Landlord’s confirmation that such locations may accommodate such Generator, or another area reasonably approved by Landlord (the “Generator Area”), in order to provide emergency electricity service to the Premises. Landlord shall deliver, and Tenant shall accept, the Generator Area in its “as-is”, “where-is” condition. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall install the Generator 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 responsibleunreasonably 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 the 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 Section 10.5). 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, and such connections to the Building, for testing and regular maintenance at times approved by Landlord, 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 Project are not adversely affected by the operation of the Generator. Landlord makes no representations or warranties, and 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 limitation of Landlord’s other remedies, (i) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, and/or (ii) Landlord shall have the right, at its Tenant’s sole cost and expense, for installingto cure such breach, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. in which event Tenant shall be permitted obligated to use up pay to an average of three Landlord, within ten (310) ▇▇▇▇▇ per square foot of usable area in business days following demand by Landlord, the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 amount reasonably expended 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.

Emergency Generator. Tenant may, at its sole cost and expense, install an emergency generator (the “Emergency Generator”) on the Site and certain connections between the Emergency Generator and the Premises (the “Generator Connections”). The exact specifications of the Emergency Generator and the Generator Connections, the method of installing the Emergency Generator and the Generator Connections and the location on the Site for the Emergency Generator and the Generator Connections shall have the right all be subject to tie into and use the emergency Landlord’s prior written approval, which shall not be unreasonably withheld or delayed with respect to a natural gas-powered generator to be installed by Landlord as part on the roof of the Base Building Work for (but which shall otherwise be in Landlord’s sole discretion). Tenant and ▇▇▇▇▇▇’s contractors shall have reasonable access to the Site in order to inspect, service, repair, maintain and replace the Emergency Generator and Generator Connections, subject to Landlord’s reasonable rules and regulations of which Tenant has been given prior notice relative to such access and use. Tenant’s use by tenants of the Unit Emergency Generator shall be upon all of the conditions of the Lease, except as modified below: (the “Unit Generator”). a) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installinginstalling the Generator Connections. In addition to complying with the applicable construction provisions of this Lease, maintainingTenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, repairing of the Emergency Generator and replacing its connection between the Generator Connections, as provided above, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Emergency Generator and the Generator Connections. (b) Tenant shall have no obligation to pay Annual Fixed Rent, Tax Excess or Operating Expense Excess in respect of the Emergency Generator or the Generator Connections. (c) The Emergency Generator may be used to provide back-up power in the event of an outage for Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Unit Premises, or for the purposes of running any life-safety systems or equipment. (d) Landlord shall have no obligation to provide any services to the Emergency Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generatorshall, at its sole cost and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work expense and otherwise in accordance with the provisions of this Section 16.32, arrange for all utility services required for the Work Letter, installation operation of such tie-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Emergency Generator. (e) 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenantshall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Emergency Generator and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the Emergency Generator with a service provider reasonably acceptable to Landlord. (f) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Emergency Generator or the Generator Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. (g) Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of the Emergency Generator and the Generator Connections. (h) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the right to connect to the Emergency Generator other than Tenant. (i) To the maximum extent permitted by law, ▇▇▇▇▇▇’s use of the Emergency Generator and the Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Emergency Generator or the Generator Connections are damaged for any reason. (j) Tenant shall comply with all applicable Legal Requirements laws, ordinances and Title Matters and Landlordregulations in Tenant’s reasonable directives relating to 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 Unit Generator. Emergency Generator and the Generator Connections. (k) Landlord shall have the right, upon no less than ninety (90) days’ notice to Tenant may and at Landlord’s sole cost and expense, to relocate the Emergency Generator and the Generator Connections to another location on the roof of the Building reasonably acceptable to Tenant provided that such relocation does not use the Unit Generator for any purpose other than solely in connection with adversely affect Tenant’s occupancy use of the Emergency Generator and the Generator Connections. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with ▇▇▇▇▇▇’s business operations. Any such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.6(C) above. (l) The Emergency Generator and the Generator Connections shall be deemed to be a part of the Premises for the Permitted Use purposes of the indemnity and insurance provisions of Article XIII above. In addition to and not in accordance with any applicable permit(s) pertaining limitation of the foregoing, Tenant shall, to the Unit maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of the Emergency Generator and the Generator Connections. (m) Landlord shall have the right to designate or identify the Emergency Generator with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Emergency Generator. Except for permitted subtenants It is expressly understood and assignees. agreed that, as Special Improvements, Landlord may require removal of the Emergency Generator and Generator Connections pursuant to Section 9.1 of this Lease, but that Tenant may not use elect to remove the Unit Emergency Generator to serve other occupant(s) of and Generator Connection at any time during the DevelopmentLease Term.

Emergency Generator. Upon notice by Tenant to Landlord within sixty (60) days following the Lease Commencement Date, Tenant shall have the right, at Tenant’s sole cost and expense, subject to 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 approximately feet by feet, as set forth on Exhibit J attached to the Lease (the “Emergency Generator Area”). Tenant shall have the right to tie into terminate its right to use all or a portion the Emergency Area at any time upon not less than thirty (30) days’ notice to Landlord, in which event following such termination, Tenant shall promptly remove Tenant’s Emergency Generator Equipment pursuant to the terms hereof. The physical appearance and use the emergency generator to be installed by Landlord as part all specifications of the Base Building Work for use Generator shall be subject to Landlord’s reasonable approval and Landlord may require Tenant to install screening around the Generator, at Tenant’s sole cost and expense, as reasonably designated by tenants of the Unit (the “Unit Generator”)Landlord. Tenant shall be responsible, at its Tenant’s sole cost and expense, for installing, maintaining, repairing and replacing its (x) obtaining all permits or other governmental approvals required in connection between with the Premises and the Unit Generator, and (y) repairing and maintaining and causing the Generator to comply with all associated cablingapplicable laws. In no event shall Tenant permit the Generator to interfere with the Building Systems or any other communications equipment at the Building that is located on or in the Building prior to the installation of the Generator (or reasonable substitutes therefor). In the 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, Landlord’s reasonable notice requirements), Tenant shall be permitted to use up access the Emergency Generator Area in order to an average of three (3) ▇▇▇▇▇ per square foot of usable area in install, repair and maintain the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.

Emergency Generator. Subject to the provisions of this Section 8.5, Tenant shall have the right, at its sole expense, to install two emergency backup electrical generators and supplemental HVAC equipment (the “Emergency Generator”) in the Park Place Project to provide back-up electrical service and HVAC services to Premises when electricity is not otherwise available to the Premises. The Emergency Generator shall be located as shown on Exhibit “N” attached hereto. If Tenant elects to install the Emergency Generator, Tenant shall install such fuel tanks, fuel lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in the Premises and/or the Building (“Additional Electrical Equipment”) as may be necessary for the use of the Emergency Generator. Landlord shall have the right to tie into approve plans and use specifications for such Emergency Generator and the emergency generator Additional Electrical Equipment (“Generator Plans”), which approval shall not be unreasonably withheld, and the schedule for Landlord’s review and response to the submission of such plans shall be installed 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 vibration from such Emergency Generator and Additional Electrical Equipment into any other tenant’s or occupant’s premises or into the Common Area. Landlord’s prior written approval must be obtained by Tenant as to the location of the Emergency Generator and Additional Electrical Equipment in the Park Place Project as well as the aesthetic and security aspects of the Emergency Generator and the Additional Electrical Equipment to make sure they are consistent with the quality of the Building and the Park 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 Base Building Work for 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 by tenants of the Unit (the “Unit Generator”). Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Emergency Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, accordance with specifications and at no time shall Tenant exceed that use limitation with respect to Tenant’s cost) the Unit Generator. Except to the extent that Tenant ties into the Unit Emergency Generator as part of the Initial Tenant Work and Additional Electrical Equipment in accordance with the provisions of the Work Letter, installation of such tie-in and Section 9.1. Upon expiration or any related cabling, conduit and appurtenances will be governed by the applicable provisions earlier termination of this Lease relating and all other leases under which Tenant occupies space in the Park Place Project, the Emergency Generator and Additional Electrical Equipment may be removed by Tenant provided Tenant can demonstrate that it paid for the cost of such 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 WorkImprovement Allowance paid by Landlord or its Affiliates to or on behalf of Tenant). If Tenant will submit is permitted to remove, and does remove the Emergency Generator and Additional Electrical Equipment, 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 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 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 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 thirty (30) days prior disruption to the proposed installation date operations of other tenants in the Park Place Project as is reasonably practicable. Upon the expiration or earlier termination of this Lease, Tenant shall provide Landlord and its Affiliates with a report from a qualified environmental 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 proposed plans and specifications relating to the tie-in to the Unit Generator and all associated lines. Tenant may not commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, expense and Tenant shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to indemnify 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and Landlord Indemnified Parties in accordance with any applicable permit(s) pertaining Section 10.3 with respect to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Developmentsuch leakage.

Emergency Generator. (a) Tenant shall have the right to 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”). Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three five (35) ▇▇▇▇▇ per square foot of usable area Rentable Area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of such tietine-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 commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development. (b) Subject to Landlord’s prior written approval of the location, design and specifications therefor (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right, at its sole cost and expense (except to the extent to which the installation cost thereof is paid through the Landlord’s Allowance), to install, operate, repair, maintain and replace one or more back-up generators reasonably necessary for Tenant’s use (and the use of any permitted subtenants) of the Premises for the Permitted Use, including all reasonably necessary cabling and related appurtenances (collectively, the “Tenant Generators”), within the Premises. The Tenant Generators shall be tested and operated so as not to cause any odor, noise or vibration to escape the Premises, or otherwise to create any nuisance, and shall not in any way adversely affect the function of the Unit Generator. Tenant will be solely responsible for all utility charges incurred with respect to the Tenant Generators, as separately metered (at Tenant’s expense). (c) Except to the extent a Tenant Generator is installed as part of the Initial Tenant Work in accordance with the provisions of the Work Letter, installation of a Tenant Generator and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date(s) Tenant’s proposed plans and specifications relating to the installation, operation and use of each Tenant Generator and all associated lines. Tenant may not commence any work to install a Tenant Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to the installation, operation, maintenance and repair of the Tenant Generators, including, but not limited to (i) obtaining and maintaining (or causing to be obtained and maintained) and complying with the provisions of all applicable permits required for the installation, operation, maintenance and repair of the Tenant Generators, (ii) implementing spill prevention control and countermeasures and containment plan(s) (as required by federal, state, or local regulations) or best management practices plan(s), (iii) providing evidence of insurance covering such facilities, and (iv) maintaining and inspecting such facilities and related equipment and keeping records related thereto. Tenant will maintain and repair the Tenant Generators in good operating condition throughout the Term, at Tenant’s sole cost and expense. All maintenance, repair and replacement of the Tenant Generators and all governmental compliance required in connection with the Tenant Generators will be Tenant’s sole responsibility and Tenant’s sole cost and expense; provided, however, if Tenant fails to commence such maintenance and repair within thirty (30) days (unless an emergency exists, in which event Tenant shall promptly commence such curative work and thereafter diligently prosecute the same to completion) after written notice from Landlord and thereafter diligently prosecutes the same to completion, then Landlord may elect to perform such maintenance at Tenant’s sole cost and expense. Upon Landlord’s request, Tenant will promptly provide Landlord with copies of all records relating to (i) the installation, operation, maintenance and repair of the Tenant Generators, and (ii) the compliance of the Tenant Generators with any applicable Legal Requirements. (d) Tenant may not use a Tenant Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Tenant Generators. Tenant may not use a Tenant Generator to serve other occupant(s) of the Unit or the Building. This provision does not modify Tenant’s permitted use of the Premises, and does not relieve Tenant of any environmental liability under this Lease. (e) Tenant will promptly report to Landlord any spill or release and any written citations or notices of violation of any Legal Requirements received by Tenant in connection with a Tenant Generator, and will provide Landlord with copies thereof. Such notification to Landlord will not relieve Tenant from its obligations to notify governmental agencies. Any cleanup or remediation will be completed by Tenant in accordance with applicable Environmental Laws and in a manner and to a level meeting the applicable state cleanup criteria, together with any applicable state assurance or closure. Tenant shall make annual inspections, at Tenant’s expense, to ensure regulatory compliance and the proper operation, maintenance and repair of the Tenant Generators, and will forward copies of such inspection reports to Landlord promptly following receipt of Landlord’s written request(s) therefor. (f) At any time within ninety (90) days prior to the expiration of the Term, or earlier termination of this Lease, Landlord may, at Tenant’s cost and expense, cause a qualified environmental consultant reasonably acceptable to Landlord and Tenant to perform an environmental investigation to determine whether a release of any Hazardous Materials has occurred during the Term of this Lease with respect to the Tenant Generators. Upon the expiration of the Term or the earlier termination of this Lease, Tenant shall be required to remove the Tenant Generators (and any related fuel tanks, conduit, fuel lines, cabling and other appurtenances associated therewith), which work shall include (i) restoring the affected areas to their original condition prior to the installation of the Tenant Generators, and (ii) repairing any damage to the Premises or the Unit or the Building caused by the removal of the Tenant Generators. Tenant shall perform any required environmental remediation for the release of any Hazardous Materials in connection with the Tenant Generators caused by Tenant or any Tenant Party during the Term of this Lease in accordance with applicable Legal Requirements, all at Tenant’s sole cost and expense. If the environmental investigation performed by the environmental consultant as provided above confirms the release of any Hazardous Materials caused by Tenant or any Tenant Party in connection with the Tenant Generators, Tenant must thereafter perform any clean up or remediation required by applicable Legal Requirements and in accordance with applicable Legal Requirements, and document with a report prepared by a qualified environmental consultant reasonably approved by Landlord evidencing no impact to soil and groundwater exceeding state cleanup criteria for the use of the site, or that any impacted soil or groundwater has been remediated in a manner and to a level meeting the applicable state cleanup criteria, together with any applicable state assurance or closure.

Emergency Generator. Subject to Landlord's approval, which shall not be unreasonably withheld or delayed, and subject to the TCCs of this Section 29.37 and Article 8 of this Lease, Tenant shall have the right to tie into may install, for Tenant's own use 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”). Tenant shall be responsible, at its Tenant's sole cost and expense, for installingbut without the payment of any Rent or a license or similar fee or charge, maintainingan emergency generator and related equipment, repairing cabling and replacing its connection conduits (all such equipment defined collectively as the "EMERGENCY GENERATOR") in the location identified on EXHIBIT A, with conduits and cabling to be located between the Premises Emergency Generator pad and the Unit Premises' electrical room. The particular location, physical appearance (including such conduits and cabling) and the size of the Emergency Generator (and components thereof) shall be subject to Landlord's reasonable approval, and Landlord may require Tenant to install screening around such Emergency Generator, at Tenant's sole cost and all associated cablingexpense, as reasonably designated by Landlord. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit maintain such Emergency Generator, at Tenant's sole cost and at expense. In the event Tenant elects to exercise its right to install the Emergency Generator, then Tenant shall give Landlord no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant 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 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, if instructed by Landlord at the time of Landlord's approval of such Emergency Generator, remove such Emergency Generator within thirty (30) days of the expiration or earlier termination of this Lease and shall repair any damage to the proposed installation date Tenant’s proposed 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. Such Emergency Generator shall be installed pursuant to plans and specifications relating to the tie-in to the Unit Generator and all associated lines. Tenant may approved by Landlord, which approval will not commence any work to tie into the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld. Such Emergency Generator shall remain Tenant's personal property throughout the Lease Term and, delayed or conditioned) of such plans and specifications. Tenantin all instances, at its sole cost and expense, shall comply with all applicable Legal Requirements governmental laws, codes, rules and Title Matters regulations, and Landlord’s reasonable directives relating to the installation, operation, maintenance and repair CC&Rs. [remainder 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.page intentionally left blank]

Emergency Generator. As part of the Base Building Improvements, Landlord shall provide a pad, enclosure and two (2) 4” 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, Tenant shall have the right, at its sole expense, to install the Emergency Generator on the pad provided by Landlord, in the location shown on Exhibit “O” attached hereto. If Tenant elects to install the Emergency Generator, Tenant shall install such fuel tanks, fuel lines, power and refrigeration lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in the Premises and/or the Building (“Additional Electrical Equipment”) as may be necessary for the use of the Emergency Generator, and Landlord shall permit Tenant to install, at Tenant’s cost, the conduits, lines and pipes for power, refrigeration and water between the Emergency Generator and the Premises. Landlord shall have the right to tie 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 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 vibration from such Emergency Generator and Additional Electrical Equipment into any other tenant’s or occupant’s premises or into the Common Area. Landlord’s prior written approval must be obtained by Tenant as to the location of the Emergency Generator and use Additional Electrical Equipment in the emergency generator Park Place Project as well as the aesthetic and security aspects of the Emergency Generator and the Additional Electrical Equipment to be installed make sure they are consistent with the quality of the Building and the Park 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 Base Building Work for 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 by tenants of the Unit (the “Unit Generator”). Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Emergency Generator, and all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, accordance with specifications and at no time shall Tenant exceed that use limitation with respect to Tenant’s cost) the Unit Generator. Except to the extent that Tenant ties into the Unit Emergency Generator as part of the Initial Tenant Work and Additional Electrical Equipment in accordance with the provisions of the Work Letter, installation of such tie-in and Section 9.1. Upon expiration or any related cabling, conduit and appurtenances will be governed by the applicable provisions earlier termination of this Lease relating to and all other leases under which Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to occupies space in the proposed installation date Tenant’s proposed plans and specifications relating to Park Place Project, the tie-in to the Unit Emergency Generator and all associated lines. Additional Electrical Equipment may be removed by Tenant may not commence any work to tie into provided Tenant can demonstrate that it paid for the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) cost of such plans Emergency Generator and specifications. Tenant, at Additional Electrical Equipment (by showing that Tenant paid a total amount for the costs of design and construction of its sole cost 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 expense, shall comply with all applicable Legal Requirements the Emergency Generator and Title Matters and Landlord’s reasonable directives relating Additional Electrical Equipment equal to or greater than the installation, operation, maintenance and repair sum of such tie-in, including (i) obtaining the original cost of the Emergency Generator and maintaining Additional Electrical Equipment plus (ii) the total Tenant Improvement Allowance paid by Landlord or causing its Affiliates to or on behalf of Tenant). If Tenant is permitted to remove, and does remove the Emergency Generator and Additional Electrical Equipment, 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 demonstrate that it paid for the cost of the Emergency Generator and Additional Electrical Equipment, then such equipment shall be obtained and maintained) and complying surrendered with the provisions Premises and shall not be removed by Tenant upon expiration or any earlier termination of all applicable permits relating 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 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 tie into and use operations of other tenants in the Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the Development.Park Place Project as is reasonably

Emergency Generator. Subject to Landlord’s approval, which shall not be unreasonably withheld or delayed, and subject to the terms and conditions of Article 9 and Article 11 of the Original Lease, Tenant may install, for Tenant’s own use and at Tenant’s sole cost and expense, but without the payment of any Rent or a license or similar fee or charge an emergency back-up generator (the “Generator”), with an associated above ground fuel storage tank (the “Generator Unit”) and an electrical line from the Generator to the Premises (the “Line”), all at Tenant’s sole cost and expense (all such equipment defined collectively as the “Generator Equipment”). The Generator shall be located on the pad depicted on Exhibit D attached hereto. The physical appearance and the size of the location housing the Generator Equipment shall be subject to Landlord’s 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 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 all instances, comply with all applicable governmental laws, codes, rules and regulations. In addition, Tenant shall not have the right to trench between the Premises and the Generator Equipment. Tenant shall be entitled to use the 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, Landlord shall have the right to tie into require Tenant to obtain such special insurance at Tenant’s sole expense and Tenant shall name Landlord and its property manager as additional insureds on such insurance policy. Tenant’s use the emergency generator to be installed by Landlord as part of the Base Building Work for Generator shall constitute a use by tenants of the Unit (Premises under Article 13(a) of the “Unit Generator”)Lease. Tenant shall be responsible, at its sole cost and expense, for installing, maintaining, repairing and replacing its connection between the Premises and the Unit Generator, and perform all associated cabling. Tenant shall be permitted to use up to an average of three (3) ▇▇▇▇▇ per square foot of usable area in the Premises from the Unit Generator, and at no time shall Tenant exceed that use limitation with respect to the Unit Generator. Except to the extent that Tenant ties into the Unit Generator as part of the Initial Tenant Work testing in accordance with applicable laws and the provisions Generator manufacturer’s recommended maintenance instructions, and Tenant shall act reasonably not to interfere with or disturb other tenants quiet use and enjoyment of their premises in the Project in performing such testing, and in the event that Tenant is in default of the Work Letterforegoing testing requirements, installation of such tie-in and any related cabling, conduit and appurtenances will be governed by Landlord shall have the applicable provisions of this Lease relating right to require Tenant Work. Tenant will submit to Landlord at least thirty (30) days prior to stop using 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 commence any work to tie into remove the Unit Generator until it has received Landlord’s prior written approval (not to be unreasonably withheld, delayed or conditioned) of such plans and specifications. Tenant, at its sole cost and expense, shall comply with all applicable Legal Requirements and Title Matters and Landlord’s reasonable directives relating to from 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 Unit Generator. Tenant may not use the Unit Generator for any purpose other than solely in connection with Tenant’s occupancy of the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Except for permitted subtenants and assignees. Tenant may not use the Unit Generator to serve other occupant(s) of the DevelopmentProject.