Existing Generator Clause Samples
The 'Existing Generator' clause defines the terms and conditions related to a power generator that is already installed and operational at a specific site prior to the agreement. This clause typically outlines the ownership, maintenance responsibilities, and any limitations on modifications or upgrades to the generator. By clearly establishing the status and handling of the existing generator, the clause helps prevent disputes over equipment rights and ensures both parties understand their obligations regarding the generator's continued use.
POPULAR SAMPLE Copied 2 times
Existing Generator. Landlord and Tenant acknowledge and agree that there is an existing generator in the Project which exclusively serves the Premises (“Existing Generator”), the location of which Existing Generator is depicted on Exhibit “B” attached hereto (“Generator Area”). Upon written notice to Landlord, Tenant may elect to own the Existing Generator. Following ▇▇▇▇▇▇’s delivery of such notice, effective as of the later of (i) the date of the full execution and delivery of a bill of sale between Landlord and Tenant (in the form of Exhibit “C” attached hereto) and (ii) the Permit Issuance Date (as defined below), Tenant shall own and control such Existing Generator. Tenant acknowledges and agrees that Landlord makes no representation or warranty whatsoever with respect to the Existing Generator, including any warranty of fitness for a particular purpose. By purchasing the Existing Generator, ▇▇▇▇▇▇ acknowledges that it has not relied on any representation or warranty made by Landlord or any other person on Landlord’s behalf except as set forth in the Bill of Sale. Tenant acknowledges that the Existing Generator is being sold in its then “as is” condition subject to the terms of the Bill of Sale. Such Existing Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Premises. Tenant shall be entitled to operate the Existing Generator for testing and regular maintenance upon prior written notice to Landlord (subject to the requirements of governmental agencies or instrumentalities with jurisdiction thereover, which requirements shall control). An express condition to ▇▇▇▇▇▇’s entry into the Generator Area is Tenant being escorted by a representative of Landlord and Landlord shall at all times make a representative available during normal business hours for such purpose except in the case of emergency where Tenant shall not be required to be escorted by a representative of Landlord if such representative is not reasonably available or such emergency occurs outside of normal business hours. From and after the effect date of its ownership of the Existing Generator as provided in this Second Amendment, Tenant shall ensure that the Existing Generator does not result in any Hazardous Materials being introduced to the Project and Article 5 of the Original Lease will apply to Tenant's use of the Existing Generator, provided that Tenant shall not be liable for any matter regarding the Existing Generator...
Existing Generator. Tenant, at its sole expense, shall have the use of the existing power generator (previously serving the seventh floor of the Building) (“Generator”). The Generator shall be used solely for Tenant’s own business purposes in the event Tenant’s primary electrical service is interrupted and not for the benefit of any other tenant or occupant of the Building. Upon the expiration or earlier termination of the Lease, if Landlord so directs by written notice to Tenant, the Generator Equipment (as defined below) or any part of it shall be removed by Tenant, at Tenant’s sole expense, and Tenant shall, at its sole expense, repair and restore the portion of the Project affected by the removal. Tenant may otherwise not remove the Generator which shall remain Landlord’s property. Tenant shall be solely liable for all costs, claims, and damages (and shall indemnify, defend, and hold Landlord harmless from and against all such matters) related to environmental contamination or fuel spills related in any way to Tenant’s operation of the Generator.
Existing Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the “Generator”), for one hundred percent (100%) of the Generator’s capacity available to the Building for use by Tenant to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, and Tenant shall be responsible for one hundred percent (100%) of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Landlord may not apply any portion of the Tenant Improvement Allowance or the Additional TI Allowance to the costs of Landlord’s compliance with this Section 6.4.
Existing Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the “Generator”), for Tenant’s Share of the Generator’s capacity to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, and Tenant shall be responsible for a share of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom.
Existing Generator. Tenant shall have the exclusive right to use and control the existing emergency electrical generator and related equipment (all such equipment defined collectively as the “Emergency Generator”) serving the Buildings. The Emergency Generator is being provided in its currently-existing, “as is” condition, and neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Emergency Generator. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Emergency Generator, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the premises and any and all income derived or derivable therefrom. Tenant shall not be charged any additional rental or other costs for the use of the location in which the Emergency Generator is located. Tenant shall maintain and repair the Emergency Generator in good condition and repair, and in compliance with all applicable laws (including the maintenance of all applicable permits), at Tenant’s sole cost and expense during the Lease Term. Tenant’s obligations with respect to the 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. 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 the Emergency Generator were in as of the date hereof, reasonable wear and tear excepted, with all permits current. [Signatures on next page.] IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the day and date first above written. LANDLORD: TENANT: BRITANNIA GATEWAY II LIMITED PARTNERSHIP, a Delaware limited partnership SOLAZYME, INC., a Delaware corporation By: HCP Biotech Gateway Incorporated, its General Partner By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇...