Generator Clause Samples
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Generator. Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall appl...
Generator. Tenant, at Tenant’s sole expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and made a part hereof. In Performing the Tenant’s Work, Tenant shall comply with the following provisions:
(i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord;
(iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally;
(v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(vi) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractors.
Generator. Under the Resource Conservation Recovery Act (RCRA), the person whose act produces a hazardous waste (40 CFR 261) or whose act first causes a hazardous waste to become subject to regulation. The generator is legally responsible for the proper management and disposal of hazardous wastes in accordance with regulations (see reference in Article III, Section 47).
Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Lease.
Generator. 4.32.1 Notwithstanding anything to the contrary contained in the Rules and Regulations and subject to compliance with all applicable Governmental Requirements and the terms and conditions of this Lease, and provided that such installation shall not void any warranty applicable to the Building, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s Generator Area (as defined below), at Tenant’s sole cost and expense, one (1) electrical generator (the “Generator”) and associated wiring and cabling (“Tenant’s Generator Rights”) on the condition that such Generator is specifically and exclusively for the use of The Endurance International Group, Inc. and any Permitted Transferee. At Tenant’s expense, Landlord shall make available Tenant’s Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator to the Premises. As used herein, “Tenant’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building or in the loading dock area of the Building. No additional rental shall be payable in respect of the installation and use of the Generator and associated wiring and cabling. Landlord shall not make any representations or promises pertaining to the suitability of the Tenant’s Generator Area for Tenant’s use. Tenant, for the purpose of this paragraph and its right to access the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area in its “AS IS” condition.
Generator stand-by power supply to the Said Flat from diesel generators, @ Rs.25,000/- (Rupees twenty five thousand) per 1 (one) KVA.
Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the existing Building back-up generator (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.
Generator. Tenant shall have the right to install, at a location on the Property to be determined by Landlord in its sole and absolute discretion, an electrical generator/tank unit (the "Generator") to provide electrical power to the Premises during power outages, subject to the terms and conditions of this Lease and the following specific conditions:
(a) Tenant shall bear all costs and expenses associated with the installation of the Generator, and Tenant shall be responsible for, and shall bear all costs and expenses associated with, the operation and maintenance thereof. Tenant understands and acknowledges that Landlord shall not be responsible for the operation and maintenance of the Generator.
(b) The plans and specifications for the Generator, including the manner of its connection to the Building's electrical system, and the nature and location of conduit, shall be subject to the prior written approval of Landlord, which may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall install the Generator in a good and safe manner in accordance with the terms and conditions of this Lease. Tenant shall provide reasonable notice to Landlord of the time and date upon which it desires to install such facilities. A representative of Landlord shall be present at the installation of the Generator in order to approve the methods of installation and performance thereof.
(c) Tenant shall have the responsibility to secure all necessary approvals relating to the installation and operation of the Generator from state, federal and other governmental authorities. Further, Tenant shall construct, operate and maintain such facilities in accordance with all applicable laws, ordinances, rules and regulations and in compliance with the reasonable requirements of the insurers of the Building.
(d) Tenant shall be responsible for the cost of repairs required to the Building arising out of the construction, installation, operation, maintenance, repair, replacement or removal of the Generator. In furtherance thereof, Tenant agrees to indemnify, defend and hold Landlord harmless from an against any and all such costs or expenses (including reasonable attorneys fees) incurred by landlord as a result of the acts, omissions or negligence of Tenant in the construction, installation, operation, maintenance, repair, replacement or removal of the Generator and related equipment, including all cable, wires, conduit, and transformers related thereto.
(e) Landlord shall have ...
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.
Generator. (a) Should Landlord, in its sole discretion, determine the Non-FLS Generator described in Paragraph 60 of the Lease requires replacement, Landlord shall give written notice to Tenant within thirty (30) days of notice of the necessity to replace the generator and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced.
(b) Should the Non-FLS Generator described in Paragraph 60 of the Lease cease to operate, Landlord shall give written notice to Tenant within ten (10) days of the failure of the generator, and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced.
(c) If Landlord elects in the written notice to Tenant the option under either Paragraph 6(a)(i) or (ii) Paragraph 6(b)(i) or (ii) of this Second Amendment, Tenant may install a replacement generator of its own in the location denoted on Exhibit “B – 2nd Amendment”, attached hereto, or such other location as Landlord and Tenant may mutually agree upon. If Tenant elects to install a replacement generator, it shall be at Tenant’s sole cost and expense, and the provisions governing Alterations set forth in the Lease shall apply, including the following: (i) Tenant shall submit to Landlord for approval prior to installation the plans and specifications setting forth a description of the proposed replacement generator to be installed and other provisions of installation; (ii) Tenant shall be solely responsible for obtaining any and all permits from governmental authority requisite to installation of the replacement generator; (iii) Tenant shall coordinate the actual installation, including the tie-in to existing Building Systems, with Landlord; and (iv) Tenant shall repair any damage to the Project occurring by reason of the installation of the replacement generator. Notwithstanding anything to the contrary, any installation of the replacement generator by Tenant must not adve...