Common use of Emergency Generator Clause in Contracts

Emergency Generator. For the duration of the Lease Term and any Option Term, Tenant shall have the right to use a fuel tank backup generator with a capacity of approximately 300 KW (the “Emergency Generator”), which Landlord shall, at it’s sole cost and expense, purchase in “new” condition, install and hook up next to the Premises at the rear of the Building. While Tenant shall not be obligated to pay any fee to Landlord for its use of such Emergency Generator, Tenant shall, at Tenant’s sole cost and expense, maintain and repair such Emergency Generator in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ 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 event that the Emergency Generator becomes damaged, then, at Landlord’s option, Tenant shall either (i) repair or replace such Emergency Generator at Tenant’s sole cost and expense, provided that any replacement shall be made with 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 tear excepted. Tenant shall not remove any part of the Emergency Generator without Landlord’s prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon the expiration or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Emergency Generator. Such Emergency Generator shall, in all instances, and at Tenant’s sole cost and expense, comply with 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 Building where the Emergency Generator is located, and (y) re-sell, license or lease any such space to an unaffiliated third party.

Emergency Generator. For the duration of the Lease Term and any Option Term, Tenant shall have the right to tie into and use a fuel tank backup the emergency generator with a capacity to be installed by Landlord as part of approximately 300 KW the Base Building Work for use by tenants of the Unit (the “Emergency Unit Generator”), which Landlord shall. Tenant shall be responsible, at it’s its sole cost and expense, purchase 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 “new” conditionthe Premises from the Unit Generator, install and hook up next at no time shall Tenant exceed that use limitation with respect to the Premises at Unit Generator. Except to the rear extent that Tenant ties into the Unit Generator as part of the BuildingInitial 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. While Tenant shall not be obligated to pay any fee will submit to Landlord for its use 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 Emergency Generator, Tenant shallplans and specifications. Tenant, at Tenant’s its sole cost and expense, maintain 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 Emergency Generator in good conditiontie-in, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ 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 event that the Emergency Generator becomes damaged, then, at Landlord’s option, Tenant shall either including (i) repair obtaining and maintaining (or replace such Emergency Generator at Tenant’s sole cost causing to be obtained and expense, provided that any replacement shall be made with reasonably comparable components, or (ii)pay to Landlord (promptly following demand therefor by Landlordmaintained) the reasonable repair and/or replacement costs associated and complying with the damage provisions of all applicable permits relating to such Emergency the tie into and use of the Unit Generator, reasonable wear and tear excepted. Tenant shall may not remove use the Unit Generator for any part of the Emergency Generator without Landlord’s prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon the expiration or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability purpose other than solely in connection with Tenant’s use, maintenance and/or repair occupancy of such Emergency the Premises for the Permitted Use and in accordance with any applicable permit(s) pertaining to the Unit Generator. Such Emergency Generator shall, in all instances, Except for permitted subtenants and at Tenant’s sole cost and expense, comply with applicable governmental laws, codes, rules and regulationsassignees. Tenant shall may not be entitled to license use the Emergency Unit Generator to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any serve other consideration for the use of such Emergency Generator by an unrelated third party. Tenant hereby expressly acknowledges Landlord’s continued right to (xoccupant(s) itself utilize any portion of the Building where the Emergency Generator is located, and (y) re-sell, license or lease any such space to an unaffiliated third partyDevelopment.

Emergency Generator. For Although Landlord is the duration owner of emergency generator and related automatic transfer switches serving the Lease Term Building and any Option Termthe 901 Building (collectively, Tenant shall have the right to use a fuel tank backup generator with a capacity of approximately 300 KW (the “Emergency Generator”), which Landlord 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, at it’s sole cost on the date that is 1 day after the mutual execution and expensedelivery of this First Amendment by the parties (“EG Transfer Date”), purchase (x) deliver the Emergency Generator to Landlord in “new” conditiongood working order with a full tank of diesel (y) assign to, install transfer and hook up next deliver to Landlord all governmental permits and licenses (to the Premises at extent such permits and licenses are assignable), if any, warranties (to the rear 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. While 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 obligated in default hereunder if Tenant promptly commences efforts to pay any fee 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 for its use of such Emergency Generator, Tenant shallshall have the right, at Tenant’s sole cost and expense, maintain and repair such to perform any maintenance and/or repairs required to put the Emergency Generator in good conditionworking order. Following the EG Transfer Date, reasonable wear and tear excepted, and be responsible Landlord’s sole obligation for any replacements related thereto. either providing emergency generators or providing emergency back-up power to Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding shall be: (i) to provide emergency generators with not less than the condition or working order current capacity of the Emergency Generator. Except as otherwise expressly set forth 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, collectively, in this Section 29.36accordance with the rentable area of the Premises and the 901 Building and the collective rentable areas of the Building and the 901 Building occupied by such other tenants, Tenant hereby represents that it accepts (ii) to contract with a third party to maintain the emergency generators (“Emergency Generator “AS IS AND WITH ALL FAULTS,” Servicer”) as per the manufacturer’s standard maintenance guidelines, and (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 hereby accepted maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall provide to Tenant copies of any reports received by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ acknowledges and agrees that, notwithstanding ▇▇▇▇▇▇’s right to utilize Landlord from the Emergency Generator as provided herein throughout Servicer regarding its maintenance and repairs of the Lease Term and any Option Termemergency generators; provided, Tenant however, that in no event shall acquire no ownership interest therein. Notwithstanding the foregoing, in the event that the Emergency Generator becomes damaged, then, at Landlord’s optionfailure to deliver such reports constitute a default by Landlord under the Lease. During any period of replacement, Tenant shall either (i) repair or replace such Emergency Generator at Tenant’s sole cost and expense, provided that any replacement shall be made with 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 tear excepted. Tenant shall not remove any part maintenance of the Emergency Generator without Landlord’s prior consentemergency generators when the emergency generators are not operational, which consent may be withheld in Landlord’s sole and absolute discretion. Upon including any delays thereto due to the expiration inability to obtain parts or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Leasereplacement equipment, Landlord shall have no obligation to maintain, repair, replace provide Tenant with an alternative back-up generator or insure 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 Emergency Generator, nor to replace the Emergency Generator if it becomes damagedPremises when needed. Landlord and shall provide Tenant hereby acknowledge and agree that with not less than five (5) business days’ notice of the scheduled disruption in the operation of the emergency generators. In the case of an emergency, Landlord shall have no liability in connection provide Tenant with Tenant’s use, maintenance and/or repair notice 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 emergency disruption as soon as reasonably possible after Landlord becomes aware of the Building where the Emergency Generator is located, and (y) re-sell, license or lease any need for such space to an unaffiliated third partyemergency disruption.

Emergency Generator. For the duration of the Lease Term and any Option Term, (a) Tenant shall have the right to tie into and use a fuel tank backup the emergency generator with a capacity to be installed by Landlord as part of approximately 300 KW the Base Building Work for use by tenants of the Unit (the “Emergency Unit Generator”), which Landlord shall. Tenant shall be responsible, at it’s its sole cost and expense, purchase 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 five (5) ▇▇▇▇▇ per square foot of Rentable Area in “new” conditionthe Premises from the Unit Generator, install and hook up next at no time shall Tenant exceed that use limitation with respect to the Premises at Unit Generator. Except to the rear extent that Tenant ties into the Unit Generator as part of the BuildingInitial Tenant Work in accordance with the provisions of the Work Letter, installation of such tine-in and any related cabling, conduit and appurtenances will be governed by the applicable provisions of this Lease relating to Tenant Work. While 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. 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 obligated unreasonably withheld, conditioned or delayed), Tenant shall have the right, at its sole cost and expense (except to pay 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 fee 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 for its 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 Emergency Generatorplans 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 shallGenerators, 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, maintain 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 such Emergency Generator within thirty (30) days (unless an emergency exists, in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ acknowledges and agrees that, notwithstanding ▇▇▇▇▇▇’s right to utilize the Emergency Generator as provided herein throughout the Lease Term and any Option Term, which event Tenant shall acquire no ownership interest therein. Notwithstanding promptly commence such curative work and thereafter diligently prosecute the foregoingsame to completion) after written notice from Landlord and thereafter diligently prosecutes the same to completion, in the event that the Emergency Generator becomes damaged, then, at Landlord’s option, Tenant shall either (i) repair or replace then Landlord may elect to perform such Emergency Generator maintenance at Tenant’s sole cost and expense. Upon Landlord’s request, provided that 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 replacement shall be made applicable Legal Requirements. (d) Tenant may not use a Tenant Generator for any purpose other than solely in connection with reasonably comparable componentsTenant’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, or and does not relieve Tenant of any environmental liability under this Lease. (ii)pay e) Tenant will promptly report to Landlord (promptly following demand therefor any spill or release and any written citations or notices of violation of any Legal Requirements received by Landlord) the reasonable repair and/or replacement costs associated Tenant in connection with the damage to such Emergency a Tenant Generator, reasonable wear and tear exceptedwill 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 not remove any part make annual inspections, at Tenant’s expense, to ensure regulatory compliance and the proper operation, maintenance and repair of the Emergency Generator without 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 consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon to the expiration of the Term, or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation may, at Tenant’s cost and expense, cause a qualified environmental consultant reasonably acceptable to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge 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 agree that Landlord any related fuel tanks, conduit, fuel lines, cabling and other appurtenances associated therewith), which work shall have no liability 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 Tenant’s usethe Tenant Generators caused by Tenant or any Tenant Party during the Term of this Lease in accordance with applicable Legal Requirements, maintenance and/or repair of such Emergency Generator. Such Emergency Generator shall, in all instances, and 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, comply Tenant must thereafter perform any clean up or remediation required by applicable Legal Requirements and in accordance with applicable governmental lawsLegal Requirements, codes, rules and regulations. Tenant shall not be entitled document with a report prepared by a qualified environmental consultant reasonably approved by Landlord evidencing no impact to license the Emergency Generator to any unrelated third party, nor shall Tenant be permitted to receive any revenues, fees or any other consideration soil and groundwater exceeding state cleanup criteria for the use of such Emergency Generator by an unrelated third party. Tenant hereby expressly acknowledges Landlord’s continued right the site, or that any impacted soil or groundwater has been remediated in a manner and to (x) itself utilize a level meeting the applicable state cleanup criteria, together with any portion of the Building where the Emergency Generator is located, and (y) re-sell, license applicable state assurance or lease any such space to an unaffiliated third partyclosure.

Emergency Generator. For In accordance with, and subject to, (i) reasonable construction rules and regulations promulgated by Landlord, and (ii) the duration terms and conditions hereof, (iv) applicable Laws, (v) Underlying Documents and (vi) approval from the City of the Lease Term and any Option TermSan Mateo, Tenant shall have the right set forth in Article 8 of this Lease and this Article 22, to use a fuel tank backup generator with a capacity of approximately 300 KW (the “Emergency Generator”)install, which Landlord shallrepair, maintain and use, at itTenant’s sole cost and expenseexpense but without any additional payment to Landlord to install and operate an emergency generator (the “Generator”) in one of the locations depicted on Exhibit J attached hereto, purchase 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 “newas-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 hook up next approve Tenant’s plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with applicable Law obligations related to the Premises at 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 rear 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. While 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 obligated 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 pay any fee Tenant Party for any losses, damages, injury to Landlord 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 use receipt of Landlord’s notice of such Emergency failure, without limitation of Landlord’s other remedies, (i) Landlord shall have the right to terminate Tenant’s rights with respect to the Generator, Tenant shalland/or (ii) Landlord shall have the right, at Tenant’s sole cost and expense, maintain and repair to cure such Emergency Generator breach, in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ acknowledges and agrees that, notwithstanding ▇▇▇▇▇▇’s right to utilize the Emergency Generator as provided herein throughout the Lease Term and any Option Term, which event Tenant shall acquire no ownership interest therein. Notwithstanding the foregoingbe obligated to pay to Landlord, in the event that the Emergency Generator becomes damaged, then, at Landlord’s option, Tenant shall either within ten (i10) repair or replace such Emergency Generator at Tenant’s sole cost and expense, provided that any replacement shall be made with reasonably comparable components, or (ii)pay to Landlord (promptly business days following demand therefor by Landlord) , the reasonable repair and/or replacement costs associated with the damage to such Emergency Generator, reasonable wear and tear excepted. Tenant shall not remove any part of the Emergency Generator without amount reasonably expended by Landlord’s prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon the expiration or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Emergency Generator. Such Emergency Generator shall, in all instances, and at Tenant’s sole cost and expense, comply with 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 Building where the Emergency Generator is located, and (y) re-sell, license or lease any such space to an unaffiliated third party.