Common use of Emergency Generator Clause in Contracts

Emergency Generator. (a) Landlord shall provide 800 amperes of emergency electric power service “EPS”) to Tenant for use in the Premises from the Building emergency electric generator (the “Generator”) as provided in this Section 9.6. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord an annual fee (the “EPS fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in the amount of $100.00 per ampere per year, subject to increase pursuant to Section 9.6(c) below. The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the Term. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.6. (c) For purposes of this Lease, (i) the term “CPI” means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if the CPI or any successor index shall cease to be published, Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the term “CPI Fraction” means, as of each January 1st during the Term (an “Adjustment Date”), a fraction (A) the numerator of which is the sum of (I) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal to the product of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c).

Emergency Generator. (a) Landlord shall provide 800 amperes make up to 2,000 kilowatts (kW) of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “GeneratorGenerator System”) as provided in this Section 9.69.9. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch* CONFIDENTIAL TREATMENT REQUESTED. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer SwitchCONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (b) Tenant shall pay Landlord for EPS as follows: (i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to Landlord the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and (ii) Tenant shall pay an annual fee (the “EPS feeFee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date of this LeaseDate, irrespective of whether or not emergency power is ever required or used by Tenant, in an amount equal to the amount product of $100.00 per ampere per year(A) Landlord’s actual annual costs for the operation, subject to increase pursuant to Section 9.6(cmaintenance and repair of the Generator System, multiplied by (B) belowa fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premises. The At Landlord’s option, the EPS Fee shall be payable in monthly, quarterly, or annual installments, and in all cases shall be payable within thirty (30) days after demand by Landlord. (c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in the supply of electric current to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the TermPremises, and under no other circumstances. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.69.9. (cd) For purposes Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (e) Landlord shall have the right, in Landlord’s sole discretion, at any time and from time to time during the term of this Lease, upon not less than thirty (i30) days prior written notice to Tenant, to relocate any of the term “CPI” means generators comprising the Consumer Price Index Generator System to other areas of the Building, or to substitute different or additional generators for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if those comprising the CPI or any successor index shall cease to be published, Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the term “CPI Fraction” means, Generator System as of each January 1st during the Term (an “Adjustment Date”), a fraction (A) date hereof. Tenant shall cooperate with Landlord to effectuate any such relocation or substitution affecting the numerator of which is the sum of (I) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal to the product of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c)Generator System.

Emergency Generator. (a) Landlord shall provide 800 200 amperes of emergency electric power service “("EPS”") to Tenant for use in the Premises from the Building emergency electric generator (the “"Generator”") as provided in this Section 9.6. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s 's sole cost and expense (i) an automatic transfer switch (the “"Transfer Switch”"), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 200 amperes of EPS at 460 volts to the Premises, . and (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord an annual fee (the “"EPS fee”Fee") for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in the amount of $100.00 per ampere per year, subject to increase pursuant to Section 9.6(c) below. The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the Term. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s 's income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.6. (c) For purposes of this Lease, (i) the term “"CPI” " means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982l982-84=100; provided, however, that if the CPI or any successor index shall cease to be published, Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the term “"CPI Fraction” " means, as of each January 1st during the Term (an “"Adjustment Date”"), a fraction (A) the numerator of which is the sum of (I1) the CPI in effect on the immediately previous Adjustment Date (the “"Base Index”") plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal to the product of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c).

Emergency Generator. (a) Landlord shall provide 800 600 amperes of emergency electric power service (“EPS”) to Tenant for use in the Premises from the Building emergency electric generator (the “Generator”) as provided in this Section 9.69.8. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense (i) an automatic transfer switch (the “Transfer Switch”), in the Premises at a location to be designated by Landlord, sufficient to supply a total connected load of up to 800 600 amperes of EPS at 460 480 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the a one-time connection fee an amount equal to Landlord’s actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay to Landlord an annual fee (the “EPS feeFee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date of this Lease, irrespective of whether or not emergency power is ever required or used by Tenant, in the amount of $100.00 150.00 per ampere per year, subject to increase pursuant to Section 9.6(c9.8(c) below. The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the Term. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.69.8. (c) For purposes of this Lease, (i) the term “CPI” means the Consumer Price Index for All Urban Consumers, New York, N.Y. - Northeastern, N.J., 1982-84=100; provided, however, that if the CPI or any successor index shall cease to be published, Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determine, and (ii) the term “CPI Fraction” means, as of each January 1st during the Term (an “Adjustment Date”), a fraction (A) the numerator of which is the sum of (I1) the CPI in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal to the product of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI Fraction. In no event shall the EPS Fee ever be reduced pursuant to this Section 9.6(c9.8(c).

Emergency Generator. (a) Landlord shall provide 800 make available to Tenant for use in the Premises 350 amperes of 460-volt emergency electric power service “("EPS”") available to Tenant for use in the Premises from the Building Building's emergency electric generator (the “"Generator”") as provided in this Section 9.69.12, for the balance of the Term. Landlord shall install, within sixty (60) days after the complete execution and delivery of this Lease by Landlord and Tenant, at Tenant’s sole cost and expense install (i) an automatic transfer switch (the “"Transfer Switch”"), in the Premises at a location to be reasonably designated by LandlordTenant, sufficient to supply a total connected load of up to 800 350 amperes of EPS at 460 volts to the Premises, and (ii) a connection from the Generator to the Transfer Switch. Tenant shall pay to Landlord the actual out-of-pocket costs incurred by Landlord for the installation of the Transfer Switch and the connection from the Generator to the Transfer Switch. (b) Tenant shall pay Landlord for EPS as follows: (i) Tenant shall pay all actual costs and expenses incurred by Landlord in making EPS available to Landlord the Premises, including the actual costs to furnish and install the Transfer Switch and all cabling and other devices necessary to connect the Generator to the Transfer Switch, within ten (10) days after demand by Landlord; and (A) Tenant shall pay an annual fee (the “"EPS fee”Fee") for the period commencing on the date on which Landlord makes EPS available to the Premises but not earlier than January 1, 2000 through the Expiration Date of this LeaseDate, irrespective of whether or not emergency power is ever required or used by Tenant, in the amount of $100.00 150.00 per ampere per year, subject to increase pursuant to Section 9.6(c) below. The EPS Fee shall be payable by Tenant to Landlord as Additional Rent in advance in equal monthly installments on the first day of each month during the Term. Term in which EPS is made available to Tenant pursuant to this Section 9.12. (c) Tenant understands and agrees that EPS will be supplied to Tenant only if there is an interruption or failure in the supply of electric current to the Premises due to service failure or in connection with customary, routine testing of Tenant's electrical systems and under no other circumstances. (d) Tenant shall be responsible for the payment of any occupancy tax, or tax and any other tax (other than Landlord’s 's income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.69.12. (ce) For purposes The privilege of using the EPS service described in this Section 9.12 cannot be transferred or assigned by Tenant except in connection with an assignment of this Lease permitted under Sections 13.1, 13.10 or 13.11, or otherwise with the express written consent of Landlord, which may be withheld in Landlord's sole discretion, and under no circumstances can this privilege be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant. (f) Landlord shall have the right, in Landlord's sole discretion, at any time and from time to time during the EPS Term, upon not less than thirty (30) days' prior written notice to Tenant, to relocate the Generator to another area of the Building, and/or to substitute another Building generator in lieu of the Generator, in either case at Landlord's expense. Tenant shall cooperate with Landlord to effectuate any such relocation or substitution of the Generator, provided that Landlord shall promptly reimburse any reasonable out-of-pocket expenses incurred by Tenant in connection therewith. (g) Upon and subject to the provisions of this Lease, (i) Landlord shall, at Landlord's expense, maintain and repair the term “CPI” means Generator in accordance with the Consumer Price Index for All Urban Consumersmanufacturer's recommendations and good industry standards, New York, N.Y. - Northeastern, N.J., 1982-84=100and shall maintain such service contracts and take such other actions as may be necessary in Landlord's reasonable judgment to keep the Generator in good working order during the EPS Term; provided, however, that if the CPI or any successor index so long as Landlord shall cease comply with its obligations pursuant to be publishedthis subsection (g), Landlord shall substitute therefor such other comparable index as Landlord shall reasonably determinenot be liable in any way to Tenant for any delay, and (ii) the term “CPI Fraction” meansinterruption, as of each January 1st during the Term (an “Adjustment Date”)failure, a fraction (A) the numerator of which is the sum of (I) the CPI variation or defect in effect on the immediately previous Adjustment Date (the “Base Index”) plus (2) the amount by which the CPI in effect on the Adjustment Date exceeds the Base Index, and (B) the denominator of which is the Base Index. If, as of each Adjustment Date, the CPI then in effect is greater than the Base Index, then the EPS Fee shall be increased as of such Adjustment Date to an amount equal or with regard to the product of (I) the EPS Fee then in effect for the immediately previous calendar year, multiplied by (II) the CPI FractionGenerator or EPS. In no event shall the EPS Fee ever Landlord be reduced pursuant liable to this Section 9.6(c)Tenant for special, indirect or consequential damages which may result from any such delay, interruption, failure, variation or defect.