Common use of Generator Clause in Contracts

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

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Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain Table of Contents equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (ia) Tenant shall obtain Landlord’s reasonable approval of the contractor which shall undertake such installation; (iib) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iiic) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (ivd) Tenant shall submit to Landlord for approval in its reasonable discretionapproval, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed reasonably acceptable to Landlord at the time that the UPS is approved by Landlord Landlord, which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately promptly report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 2 contracts

Samples: Lease Agreement (resTORbio, Inc.), Lease Agreement (Adicet Bio, Inc.)

Generator. 56.1 (a) Subject to the terms and conditions set forth belowof this Section 14.25, Tenant shall have the a non-exclusive right to install in such location adjacent diesel fuel powered emergency power generators, a diesel fuel tank, its enclosures, connectors to electrical service and conduit to the Building as Landlord Premises (the “Generators”) and Tenant shall reasonably associated uninterrupted power supply switching facilities, its enclosures, connectors to electrical service and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment conduit to the Premises (collectively, a the “UPS”) to provide uninterrupted power to certain equipment in the PremisesGarage in the location generally depicted on Exhibit H or in other locations reasonably acceptable to Landlord and Tenant. Prior to installation, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the BuildingLandlord must approve, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned or delayed): (1) the actual Generators and the UPS, including approval (2) drawings submitted by Landlord Tenant showing the Generators and UPS to be installed, method of installation and such other information concerning the installation, use and maintenance of the exact location, type, style, dimensions, weight, plans Generators and installation procedures for the UPS which Landlord may request, and (3) the contractor selected by Tenant to install the Generators and the characteristics UPS, and type of fuel powering such UPS. Prior to the installation non-financial terms of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) contract between Tenant and its contractor that may affect the contractor Project. The Generators and the UPS shall be painted in a color approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for match the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirementsadjacent improvements. Tenant shall ensure that the UPS does not interfere be solely responsible for obtaining (with any other equipment serving the Building or any portion thereof. At TenantLandlord’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (Aapproval) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and approvals required by any governmental approvals necessary for entities to install, operate, maintain, or decommission the operation of Generators and the UPS. Tenant shall immediately report to Landlord if Tenant determines that repair and maintain the Generators and the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expenseexpense using contractors approved by Landlord, and Tenant shall remove comply with all the UPS laws, rules, regulations, ordinances and restore standards of all governmental authorities having jurisdiction over the area in which it was located to its condition immediately prior Project to the installation of extent such laws, rules, regulations, ordinances and standards concern the Generators and/or the UPS. Tenant shall obtain at be responsible for all additional costs of any kind whatsoever incurred by Landlord attributable to the use, presence, operation, maintenance, or decommissioning of the Generators or the UPS as an Extra Service. Tenant shall pay for all utilities used or consumed in connection with the Generators or the UPS. Tenant shall pay all personal property taxes, if any, separately assessed with respect to the Generators or the UPS; and if and to the extent the Generators or the UPS are assessed for tax purposes as part of the Building or Landlord’s personal property, Tenant shall reimburse Landlord for all taxes attributable to the Generators or UPS on the earlier of (i) thirty (30) days after Landlord’s written demand for such taxes, or (ii) the date such taxes are due. The Generators and the UPS shall be used only for periodic testing and in the event Tenant’s expense all permits primary electrical service is interrupted. All testing shall take place at times reasonably selected by Landlord to minimize interference with other tenants. The Generators and governmental approvals necessary the UPS shall be used for such removalbackup power for Tenant, and may not be used as a primary power source or by any other person or entity without Landlord’s consent which shall be in Landlord’s complete and sole discretion.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Generator. 56.1 Subject to (i) compliance with all rules, regulations, statutes and codes of any governmental authority having jurisdiction thereover, (ii) Landlord's prior written consent as to the terms location and conditions design and installation plans and specifications therefor, which consent shall not be unreasonably withheld, delayed or conditioned, and (iii) Tenant's removal and restoration obligation set forth below, Tenant shall have the right to purchase and install one generator (including any necessary appurtenant equipment that is a part thereof, the "Generator") and one fuel storage tank for the Generator (the "Generator Fuel Tank") in the lower level of the parking garage of the Building at a spot to be more specifically identified by Landlord (the "Generator Area"). The precise location of the Generator shall be determined based on the size and specifications of the Generator submitted by Tenant to and approved by Landlord. Any parking spaces eliminated after the date hereof as a result of the installation of the Generator and Generator Fuel Tank shall be paid for by Tenant at the prevailing rate from time to time, and any such parking spaces so utilized by Tenant for installing and operating the Generator and Generator Fuel Tank shall reduce the number of parking spaces otherwise available to Tenant pursuant to the terms and provisions of Paragraph 1 of these Special Stipulations. Additionally, Landlord shall furnish a pathway for Tenant to run lines from the Premises to the Generator at a location chosen by Landlord as more fully set forth in Paragraph 7 hereof. Tenant's installation, use and operation of the Generator and the Generator Fuel Tank shall be exercised: (1) in such location adjacent manner as will not create any hazardous condition or interfere with or impair the operation of the heating, ventilation, air conditioning, plumbing, electrical, fire protection, life safety, public utilities or other systems or facilities in the Building; (2) in compliance with all applicable laws, codes and regulations and the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted relating to or affecting thereto; (3) in such a manner as will not directly or indirectly interfere with, delay, restrict or impose any expense, work or obligation upon Landlord in the use or operation of such Building; and (4) at Tenant's cost, including the cost of repairing all damage to the Building as Landlord and any personal injury and/or property damage attributable to the installation, inspection, adjustment, maintenance, removal or replacement of any equipment, apparatus or facilities pursuant to this Paragraph 6. In connection with Tenant's use of the Generator and the Generator Fuel Tank, and subject to the above-stated responsibilities of Tenant, Tenant shall reasonably have the right to operate the Generator at such intervals and mutually agreefor such periods of time as may be recommended by or required by the manufacturer of such generator for testing or maintenance purposes, or at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment such other intervals as Tenant deems necessary in the Premises, its reasonable judgment for purposes of operating its business; provided that the UPS (i) does not adversely affect to the safety fullest extent possible, Tenant will provide notice to Landlord of the Building scheduled times for such regular testing and operation for maintenance purposes, (ii) Tenant will use all reasonable and diligent efforts to perform any testing or periodic operation for maintenance purposes outside of Normal Business Hours (it being acknowledged by Landlord that certain testing and operation for maintenance and other business purposes will necessarily take place during peak operational periods, which may include during Normal Business Hours), and (iii) such testing will be performed in a manner reasonably calculated to minimize any warranty relating inconvenience to the Building or adversely affect in any material respect any structural component other tenants and occupants of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans their respective employees and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirementsinvitees. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately will obtain prior to the installation of the UPSGenerator and Generator Fuel Tank, any and all necessary licenses, approvals and permits necessary for the installation, maintenance and use of the Generator, Generator Fuel Tank and any equipment installed in connection therewith. Tenant shall obtain at indemnify and hold Landlord harmless from and against any and all loss, cost (including reasonable attorney's fees incurred in defending Landlord), damage or liability arising out of any violations of any laws, statutes, ordinances, rules or regulations, or arising out of the use, operation and maintenance of the Generator and the Generator Fuel Tank, including, without limitation any damage Landlord may sustain as a result of the malfunction, leaking or any other condition of the Generator, Generator Fuel Tank or other related equipment described in this paragraph. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s expense all permits 's installation of the Generator and governmental approvals necessary for such removalrelated Generator Fuel Tank, then Tenant will pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the rate increase was caused thereby, a sum equal to the difference between the original premium and the increased premium resulting therefrom. Upon the expiration or sooner termination of this Lease, Tenant shall remove the Generator and Generator Fuel Tank along with any ancillary equipment or structures and shall repair any damage to the Premises, the Building, or any other improvements to the Property caused thereby.

Appears in 1 contract

Samples: Lease Agreement (Interland Inc)

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right be permitted to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up an emergency generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the PremisesProject outdoor area to be mutually agreed to by the parties by May 1, provided that the UPS 2015 (i“Generating Equipment”) does not adversely affect the safety of a size and capacity suited to Tenant’s then-current business requirements and reasonably acceptable to Landlord. Tenant shall be responsible for all costs or expenses associated with installing, landscaping, maintaining, operating, replacing, and, as of the Building Surrender Date, removing the Generating Equipment. Tenant hereby assumes all liability to persons and property arising from or in any warranty relating way related to the Building Generating Equipment. Tenant indemnifies and holds harmless Landlord against all claims or adversely affect in any material respect any structural component damages (including, but not limited to environmental claims or damages) arising out of the Buildinginstallation, (ii) does not adversely affect any electricaluse, mechanical or any other system removal of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Tenant’s Generating Equipment. Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an additional insured under such on all Tenant insurance policies; relating to the Generating Equipment, and (iv) Landlord shall have no obligation or liability to Tenant with respect to the installation, operation or removal of the Generating Equipment. Tenant shall submit to Landlord for approval in its reasonable discretion, all plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all Generating Equipment in accordance with Section 9, and Landlord must reasonably approve all Applicable Lawssuch plans in accordance therewith. Additionally, including without limitation all Environmental RequirementsLandlord, in its reasonable discretion, shall establish fencing and landscaping standards for safety and cosmetic appearance. Fuel for the Generating Equipment shall only be maintained in quantities sufficient for emergency operation in accordance with applicable Law, and Tenant shall not stockpile fuel in excess of these quantities on any property subject to the Lease. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s its sole cost and expense, shall expense will remove the UPS and Generating Equipment as of the Surrender Date, and, to the extent reasonably practicable, restore the affected outdoor area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalcondition.

Appears in 1 contract

Samples: Lease (Safeguard Scientifics Inc)

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Generator. 56.1 Subject (a) Provided that at the time of such installation (i) there then exists no Event of Default (or any monetary default of which Landlord has given Tenant notice), (ii) this Lease is then in full force and effect and (iii) Original Tenant (together with any Space Occupants) is in actual occupancy of the entire Premises, then, subject to the terms provisions of Article 8 of the Lease and conditions set forth belowthis Section 11, Tenant shall have the right and option to install in such location adjacent install, prior to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment fifth (collectively5th) anniversary of the 27th Floor Premises Commencement Date, a “UPS”) gas-fired emergency electrical generator of up to provide uninterrupted power 1,000 KVA to certain equipment in serve the Premises, provided such generator to be located in the location shown on Exhibit D attached hereto in the Building’s loading dock (“Tenant’s Generator Right”). Tenant shall exercise Tenant’s Generator Right by giving written notice to Landlord accompanied by plans and specifications demonstrating to Landlord’s reasonable satisfaction that the UPS installation, operation and maintenance of such generator will (i) does not adversely affect have no adverse effect upon the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component structure of the Building, the operation and maintenance of Building systems, or the business of other tenants or occupants; (ii) does not adversely affect any electricalhave adequate connection to utilities, mechanical or any other system of ventilation, conduits and risers to the Building or the functioning thereofPremises; (iii) does not interfere be in compliance with the operation of the Building or the provision of services or utilities to the Buildinglaws and insurance requirements; and (iv) complies be in compliance with all Applicable Lawsapplicable governmental permits and approvals all which shall be obtained by Tenant prior to installation. Landlord’s reasonable satisfaction with the foregoing shall be a condition precedent to installation. Landlord shall have the right to approve the design of the generator, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned or delayed), including approval by and in connection therewith, Landlord of the exact location, type, style, dimensions, weight, shall review and provide comments to Tenant’s plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain specifications therefor, but Landlord’s approval of the contractor which design shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for not be deemed to be an approval of the legality or feasibility of the installation or operation of the UPS; generator nor relieve Tenant of otherwise complying with the terms of this Section 11 (iii) Tenant and the contractor approved by Landlord to undertake other than obtaining Landlord’s approval of such installation shall obtain such insurance coverages as Landlord may reasonably require anddesign). Such generator, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as together with all associated conduit mountings, supports, wiring, cabling, switches and other related equipment, all in accordance is referred to herein as the “Generator”. Landlord makes no representations of any kind with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that respect to the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation feasibility of the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the or operation of the UPS. Tenant shall immediately report Generator or the ability to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of obtain any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all necessary governmental permits and governmental approvals necessary for such removaltherefor.

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Generator. 56.1 54.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such a location approved by Landlord adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreeBuilding, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Notwithstanding the foregoing, no UPS powered by any source other than a battery shall be permitted in the Premises (it being expressly understood that there shall be no fuel storage or any UPS powered by fuel permitted in the Premises). Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval (not to be unreasonably withheld, conditioned or delayed0 of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor reasonably approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental RequirementsLaws. Tenant shall ensure that the UPS does not materially interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner reasonably directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental RequirementsLaws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

Generator. 56.1 (a) Subject to the terms and conditions set forth belowof this Section 14.27, Tenant shall ------------- have the a non-exclusive right to install in such location adjacent diesel fuel powered emergency power generators, a diesel fuel tank, its enclosures, connectors to electrical service and conduit to the Building as Premises (the "Generators") and associated uninterrupted power supply switching facilities, its enclosures, connectors to electrical service and conduit to the Premises (the "UPS") in the Garage in the location generally depicted on Exhibit I or in --------- other locations reasonably acceptable to Landlord and Tenant shall reasonably and mutually agreeTenant. Prior to installation, at Tenant’s sole expenseLandlord must approve, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned or delayed): (1) the actual Generators and the UPS, including approval (2) drawings submitted by Landlord Tenant showing the Generators and UPS to be installed, method of installation and such other information concerning the installation, use and maintenance of the exact location, type, style, dimensions, weight, plans Generators and installation procedures for the UPS which Landlord may request, and (3) the contractor selected by Tenant to install the Generators and the characteristics UPS, and type of fuel powering such UPS. Prior to the installation non-financial terms of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) contract between Tenant and its contractor that may affect the contractor Project. The Generators and the UPS shall be painted in a color approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for match the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirementsadjacent improvements. Tenant shall ensure that the UPS does not interfere be solely responsible for obtaining (with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner directed by Landlord which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (ALandlord's approval) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and approvals required by any governmental approvals necessary for entities to install, operate, maintain, or decommission the operation of Generators and the UPS. Tenant shall immediately report to Landlord if Tenant determines that repair and maintain the Generators and the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested at Tenant's sole cost and expense using contractors approved by Landlord, Tenantand Tenant shall comply with all the laws, at Tenant’s sole cost rules, regulations, ordinances and expense, shall remove standards of all governmental authorities having jurisdiction over the UPS and restore the area in which it was located to its condition immediately prior Project to the installation of extent such laws, rules, regulations, ordinances and standards concern the Generators and/or the UPS. Tenant shall obtain at Tenant’s expense be responsible for all permits additional costs of any kind whatsoever incurred by Landlord attributable to the use, presence, operation, maintenance, or decommissioning of the Generators or the UPS as an Extra Service. Tenant shall pay for all utilities used or consumed in connection with the Generators or the UPS. Tenant shall pay all personal property taxes, if any, separately assessed with respect to the Generators or the UPS; and governmental approvals necessary if and to the extent the Generators or the UPS are assessed for tax purposes as part of the Building or Landlord's personal property, Tenant shall reimburse Landlord for all taxes attributable to the Generators or UPS on the earlier of (i) thirty (30) days after Landlord's written demand for such removaltaxes, or (ii) the date such taxes are due. The Generators and the UPS shall be used only for periodic testing and in the event Tenant's primary electrical service is interrupted. All testing shall take place at times reasonably selected by Landlord to minimize interference with other tenants. The Generators and the UPS shall be used for backup power for Tenant, and may not be used as a primary power source or by any other person or entity without Landlord's consent which shall be in Landlord's complete and sole discretion.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

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