Existing Generators Sample Clauses
Existing Generators. Subject to Landlord’s reasonable rules and regulations, Tenant shall have the non-exclusive rights to utilize the existing two (2) on site emergency generators and related tanks and equipment serving the Building (collectively, the “Existing Generators”). Tenant acknowledges that (a) the Existing Generators were installed by a prior owner or occupant of the Building and that Landlord makes no representation or warranty to as to the fitness of the Existing Generators for Tenant’s proposed use thereof, or the condition of the Existing Generators or the compliance thereof with applicable Laws; and (b) Tenant’s use the Existing Generators is at Tenant’s sole risk and that Landlord shall have no liability to Tenant in connection therewith. TENANT FURTHER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, LANDLORD SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO TENANT OR TENANT’S PROPERTY ARISING FROM OR RELATED TO TENANT’S USE OF THE EXISTING GENERATORS. 57
Existing Generators. Landlord shall be responsible for the repair, maintenance and replacement of the Building Generators, and Tenant shall be responsible for the repair, maintenance and replacement of the Zynga Generators. Tenant acknowledges that Landlord makes no representation or warranty regarding the condition, suitability, capacity or cost to operate, supply, maintain or repair the Building Generators or of the condition of the Building’s fuel tank(s). Landlord shall maintain any and all permits, licenses or other approvals required by any governmental or quasi-governmental authority, department, agency, commission or board required for use of the Building Generators, and any fuel tank at the Building necessary for the operation of the Building Generators. Tenant shall remove the Zynga Generators at the end of the Term but shall, prior to commencing any work in connection with such removal, provide written notice to Landlord at least ninety (90) days before the end of the Term of Tenant’s intent to do so. Landlord shall then have the right, for a period of thirty (30) days after receipt of such notice from Tenant, to elect to have one or more of the Zynga Generators remain, in which case Tenant shall not remove those so designated by Landlord and they shall become the personal property of Landlord.
Existing Generators. Buildings 13 and 18 have existing diesel back-up generators (the “Existing Generators”) that provide back-up power solely to those buildings. Operations and maintenance of the Existing Generators (“Generator Maintenance”), as well as obtaining and maintaining required air permits for same (“Generator Permitting”) will be Tenant’s responsibility. Tenant agrees that, to the extent applicable, Tenant (with Landlord’s cooperation and reasonable effort), at its cost, will use reasonable effort to be added as an operator on the Title V Air Permit held by Landlord with respect to the Existing Generators and any replacement generators or to coordinate with Landlord regarding alternate permitting approaches as are commercially reasonable. Tenant will be responsible for all fees, fines, penalties and other costs and expenses concerning its operation of the Existing Generators and any replacement generators under Landlord’s Title V Air Permit. Tenant will undertake Generator Maintenance in accordance with standard operations practice which will include regularly scheduled maintenance and compliance with all Generator Permitting requirements. Tenant shall be solely responsible for any damages or costs associated with its failure to satisfy all Generator Maintenance and Generator Permitting requirements and shall indemnify Landlord for same. If Tenant fails to satisfy the Generator Maintenance or Generator Permitting requirements, Landlord, upon thirty (30) days’ written notice to Tenant and an opportunity for Tenant to cure within said thirty (30) day period, may undertake to satisfy said requirements and any cost incurred by Landlord shall be paid by Tenant as Additional Rent. Notwithstanding the provisions in the previous sentence, Landlord may access the Existing Generators and any replacements generators at any time to address an emergency situation or a condition that presents an imminent threat to human health or the environment. During the Term, Landlord shall be responsible for the replacement of the Existing Generators but Tenant shall be responsible for any subsequent generator replacements.
