Common use of Generator Clause in Contracts

Generator. One or more generators will be installed within the Premises as part of the Tenant Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:

Generator. One 22.1 As an appurtenant to the Premises, for and with respect to the Term of this Lease, Tenant is hereby granted, subject to this Article 22, Article 5 of this Lease and all of the other provisions of this Lease and such other requirements as shall be imposed by Landlord from time to time, the right to install, secure, maintain, replace and operate in either (a) the location designated as “A”, or more generators (b) the location designated as “B”, each as set forth on Exhibit H annexed hereto (the “Generator Space”), an emergency electric generator together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the “Generator”). The capacity, size, location and dimensions of the Generator shall be subject to Landlord’s approval, which approval will not be installed unreasonably withheld. To the extent that the Generator shares facilities (excluding the cooling tower), including, without limitation, fuel systems, supply air systems, generator rooms, feeders, etc., with Landlord’s generator, Tenant shall pay the incremental costs of such facilities in excess of the costs that Landlord would incur but for such sharing and shall reimburse Landlord for all such costs (including design, installation and construction costs) within 30 days after demand. 22.2 Tenant is also granted, subject to the provisions of Article 5 and of this Article 22 and such other requirements as may be imposed by Landlord, the right to install, operate and maintain in shaft or riser space to be reasonably designated by Landlord an electric riser from the Generator Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets and from the Generator Space (i) to the Building’s intake and discharge air shaft/plenums in the basement of the Building, (ii) to a fuel oil fill pipe on the street level of the Building and vent, to bring fuel from the street to the fuel tank, and (iii) to a fuel supply and return and a vent pipe as required to bring fuel from the fuel tank to the Generator. 22.3 Tenant shall, at its sole cost and expense, diligently operate, service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. 22.4 No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Generator Space other than those required by applicable laws, regulations, codes and ordinances. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. 22.5 In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Generator Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease and all of the provisions of this Lease shall be applicable to the Generator Space as if the Generator Space was part of the Tenant Fit-Up which includes its Premises. 22.6 Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (or their) associated engine(sincluding those shown to be specifically related to any increase in the assessed valuation of the respective Building attributable to the Generator), alternator and alternator control panelwhether imposed by any local, battery and charger system (i.e. what is generally referred state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to as the "Uninteruptable Power Supply" cooperate reasonably with Tenant in any necessary applications for any necessary license or "UPS")permits provided Landlord incurs no expense or liability in so doing. 22.7 Upon reasonable advance notice to Landlord, cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") may have access to the Generator Space for the sole purpose of servicing and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of maintaining the Generator. The Generator Allowance Landlord shall be credited have the right (in its sole discretion) to the Tenant's rental account on the day that is the later of thirty (30have its representative(s) days after the Commencement Date and the date on which the LSS is connected to accompany Tenant whenever it services or maintains the Generator. At all other times, Landlord may keep the end entrances to the Generator Space locked. Tenant shall not have any tools and/or materials stored in the Space, and Tenant’s employees and independent contractors shall close and lock the entrance door to the Space when leaving the same. 22.8 Throughout the duration of this Lease, Tenant shall inspect the Generator on a regular basis consistent with the prudent and customary inspection and maintenance procedures. The Generator shall not exceed the load-bearing capacity of the Term Generator Space. (as extendeda) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Property, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the “Substitute Generator Space”) shall be substantially identified). Within 30 days of receipt of Landlord’s notice (or, if applicablea governmental permit is required to be obtained for installation of the Generator in the Substitute Generator Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord’s reasonable cooperation), Landlord, at its sole cost shall move the Generator to the Substitute Generator Space (with only a commercially reasonable lapse of service) which shall then become the Generator Space hereunder and the original Generator Space shall be deleted from the coverage of this Lease. (b) Tenant’s operation or use of the Generator shall not prevent or interfere with the operation or use of any equipment of any present or future tenant or occupant of the Buildings or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes interference with other operations or equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the “Replacement Generator”). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement Generator, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord’s cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement Generator which shall then be deemed to be the Generator hereunder. 22.10 Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment has made no warranties or representations as to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost condition or suitability of the Generator Space or the Building (which cost or the electricity available to the Generator Space) for clarity is not to include any cabling the installation, use, maintenance or equipment other than operation of the Generator) , and the Generator Allowance. The Generator Purchase Option may Tenant agrees to accept same in its “as is” condition and without any work or alterations to be exercised made by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:Landlord.

Generator. One (a) Provided that at the time of such installation (i) there then exists no Event of Default (or more generators will be installed within the Premises as part 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 provisions of Article 8 of the Lease and this Section 11, Tenant Fitshall have the right and option to install, prior to the fifth (5th) anniversary of the 27th Floor Premises Commencement Date, a gas-Up fired emergency electrical generator of up to 1,000 KVA to serve the Premises, 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 installation, operation and maintenance of such generator will (i) have no adverse effect upon the structure of the Building, the operation and maintenance of Building systems, or the business of other tenants or occupants; (ii) have adequate connection to utilities, ventilation, conduits and risers to the Premises; (iii) be in compliance with laws and insurance requirements; and (iv) be in compliance with all applicable governmental permits and approvals all which includes its 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, which approval shall not be unreasonably withheld, conditioned or delayed, and in connection therewith, Landlord shall review and provide comments to Tenant’s plans and specifications therefor, but Landlord’s approval of the design shall not be deemed to be an approval of the legality or feasibility of the installation or operation of the generator nor relieve Tenant of otherwise complying with the terms of this Section 11 (or their) other than obtaining Landlord’s approval of such design). Such generator, together with all associated engine(s)mountings, alternator supports, wiring, cabling, switches and alternator control panelother related equipment, battery and charger system (i.e. what is generally referred to herein as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all “Generator”. Landlord makes no representations of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease kind with respect to portions the feasibility of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion installation or operation of the Generator relating or the ability to obtain any necessary governmental permits and approvals therefor. (b) Landlord shall have the right (“Landlord’s Generator Space Recapture Right”), at any time after the third (3rd) anniversary of the 27th Floor Premises Commencement Date and prior to the LSSexercise by Tenant of Tenant’s Generator Right, to give Tenant written notice (“Landlord’s Generator Space Recapture Notice”) demanding that Tenant either exercise Tenant’s Generator Right or lose Tenant’s Generator Right. If Tenant shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of fail, within thirty (30) days after the giving of Landlord’s Generator Space Recapture Notice, to exercise Tenant’s Generator Right in accordance with this Section 11, Tenant’s Generator Right shall be void and of no further effect. Landlord shall exercise Landlord’s Generator Space Recapture Right in good faith based upon the needs of Landlord or other tenants or occupants, and/or prospective tenants or occupants, of the Building. (c) If, prior to (x) the fifth (5th) anniversary of the 27th Floor Premises Commencement Date or (y) thirty (30) days after the giving of Landlord’s Generator Space Recapture Notice, whichever of (x) or (y) is earlier, Tenant reasonably determines that installation and operation of the date Generator in the location shown on Exhibit D attached hereto is not feasible and practicable, then, provided that Tenant waives in writing Tenant’s right hereunder to install the Generator in the location shown on Exhibit D attached hereto, Landlord shall cooperate reasonably with Tenant (at no cost or expense to Landlord) to find another location in the Building which is feasible and practicable for the LSS installation of the Generator and, if such alternate location is connected identified, Tenant’s Generator Right shall apply to such alternate location subject in all events to all of the terms and conditions of this Section 11 including, without limitation, all time deadlines. (d) Tenant shall, at Tenant’s sole cost and expense, perform all work necessary to install, maintain, repair and, if required, remove the Generator, including, without limitation, obtaining and maintaining all licenses and permits required for the installation, maintenance, operation, repair and, if required, removal of the Generator. At Landlord shall cooperate reasonably with Tenant in connection with the end obtaining and maintaining by Tenant of all such licenses and permits, provided that Tenant shall reimburse Landlord, within thirty (30) days following demand thereof, all reasonable out-of-pocket third party costs incurred by Landlord in connection with such cooperation, and such costs shall be Additional Rent. In the performance of any such work, Tenant shall comply with all applicable provisions of the Lease including, without limitation Article 8 of the Lease. Landlord shall supervise the performance of any such work, and Tenant shall pay to Landlord, as Additional Rent, a fee not to exceed five percent (5%) of Tenant’s costs and expenses. (e) Notwithstanding anything to the contrary contained in the Lease, (i) the Generator shall be deemed to be a Specialty Alteration, (ii) the Generator shall be deemed to be the property of Landlord and, subject to Landlord’s right to have Tenant remove the same as hereinafter set forth, shall be surrendered with the Premises upon the expiration or earlier termination of the Term and (as extended, if applicable), the Tenant agrees that the iii) Landlord shall have the option right, upon written notice to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord given at any time prior to the last sixty (60) days expiration or earlier termination of the Term Term, to require that the Generator be removed upon the expiration or earlier termination of the Term. (as extendedf) Tenant agrees that Tenant’s indemnification of the Landlord Parties set forth in Section 8.3(c) and 11.1 of the Lease shall include all injury, loss, claims, damage, expense (including reasonable attorneys’ fees and disbursements actually incurred by Landlord) in connection with the installation, operation, repair, maintenance and, if applicablerequired, removal, of the Generator. (g) Tenant’s Generator Right is personal to Original Tenant and shall not be transferred, assigned or exercised by any other party, it being agreed, however, that, following the installation of the Generator, the Generator shall be available to any permitted assignee or subtenant of all or any portion of the Premises to be used in accordance with this Section, provided that Landlord shall have no obligation to incur any cost or to perform any work in connection therewith. The Generator shall be used solely for purposes incidental to the event that it is so exercised:business of Tenant (and not for re-sale).

Generator. One Subject to the terms and conditions hereinafter set forth, Landlord grants to Tenant, during the Term, the right to install one (1) commercially reasonable emergency generator relating to Tenant’s business in the Demised Premises at a location at the Building designated by Landlord and approved by Tenant in its reasonable discretion, for supplying emergency power to the Demised Premises and, except as otherwise provided, to connect such equipment through existing mechanical shafts or more generators will vertical riser paths to the Demised Premises. The rights to own, install and use such additional generator under this Article 32 shall be installed within in addition to the Tenant’s exclusive right to use the existing generator currently serving and connected to the Demised Premises and the existing Liebert units located at the Demised Premises as part of the Tenant Fit-Up which includes its Turnover Date (or their) associated engine(sthe “Existing Generator/Liebert Units”), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all . Without limitation of the said items to be collectively referred to as "foregoing, Tenant shall have the Generator"right, exercised by written notice thereof given on or before one (1) together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") year prior to the Generator and that such connection shall continue throughout the Term. For clarityExpiration Date (or, the Tenant agrees that such connection shall continue in the event that the if Tenant has exercised any of its rights renewal option under Article 29 above, then on or before one (1) year prior to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term Renewal Period), to have Landlord convey the Existing Generator/Liebert Units to Tenant, in consideration for the payment of One Dollar ($1.00), in which case (i) Landlord shall convey such Existing Generator/Liebert Units to Tenant effective as extendedof the Expiration Date (or, if applicableTenant has exercised its renewal option under Article 29 above, then effective as of the last day of the Renewal Period), by quit-claim b▇▇▇ of sale (i.e., without any representations or warranties of any kind or nature whatsoever, express or implied), and (ii) Tenant shall remove such Existing Generator/Liebert Units from the Demised Premises as of the Expiration Date (or, if Tenant agrees that has exercised its renewal option under Article 29 above, then as of the Landlord last day of the Renewal Period), in accordance with the removal/restoration and other obligations set forth in Section 8.2 above relative to other equipment and improvements which must be removed by Tenant thereunder. In no event shall Tenant have any right to obtain a conveyance of the option Existing Generator/Liebert Units pursuant to purchase this Section 32.1 if the Generator ("the Generator Purchase Option") upon payment Term of this Lease, or Tenant’s right to possession hereunder, is terminated for any reason prior to the stated Expiration Date (or, if Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be has exercised by the Landlord at any time its renewal option under Article 29 above, then prior to the last sixty (60) days day of the Term Renewal Period) hereunder (i.e., whether due to a default by Tenant, or due to Tenant’s exercise of any early termination rights hereunder, or otherwise). If, during the Term, Tenant’s service provider for the maintenance, repair or operation of the Existing Generator/Liebert Units requests authority from Landlord, as extendedthe owner of such items, if applicable) to allow such service provider to so provide the applicable servicing activities, then Landlord shall promptly respond to such request, provided that any such servicing of the Existing Generator/Liebert Units, and the service arrangement with any such service provider relative thereto, shall otherwise comply with all terms and conditions set forth in this Lease governing the event that it is so exercised:same.

Generator. One or more generators will be installed within the Premises as part (a) Landlord, at Landlord’s cost, shall provide Tenant with access to 250 kw of the Tenant Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors capacity from the generator into supporting Tower 3 (as the Building. The Tenant acknowledges that the Landlord will same may be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarityreplaced or upgraded with 250 kw or more of capacity, the Tenant agrees that “Tower 3 Generator”) or from another generator source, to provide back-up support for Tenant’s data center and other critical operations. If such connection shall continue capacity is provided from (x) the Tower 3 Generator, and excess capacity is available from the Tower 3 Generator in the future, Tenant shall have the first right to use any additional excess capacity as Tenant’s future needs increase, and (y) another generator source, Tenant shall have the right to request that Landlord periodically marginally upsize the generator’s capacity (but in no event that the more often than once every twenty-four (24) months), which request shall not be unreasonably withheld, conditioned or delayed, and Tenant has exercised any of its rights to cancel this lease shall pay all reasonable, direct, out-of-pocket costs in connection with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of upsize within thirty (30) days after the Commencement Date and the date on which the LSS is connected Landlord’s written demand, as Additional Rent. In any event, Tenant shall be responsible to the Generator. At the end pay Landlord, as Additional Rent, its pro rata share of the Term (as extendedreasonable, if applicable)direct, out-of-pocket costs of operating and maintaining the Tenant agrees that the applicable generator, including fuel and maintenance costs. Landlord shall have the option right, in its sole discretion, to purchase relocate any such generator. (b) Landlord shall provide a separate generator to provide life/safety and other usual backup of the Building’s systems as provided in Comparable Buildings. (c) Subject to the satisfaction of all the conditions in this Section 27, Tenant shall have the right to install in an area designated by Landlord a back-up generator (the “Generator”), which Generator shall not have a capacity in excess of 500 kw. Tenant shall not be entitled to install such Generator (i) (A) if such installation would adversely affect (or in a manner that would adversely affect) the Base Building Structure or Systems, or (B) without Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Legal Requirement, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done (which consent shall not be unreasonably withheld, conditioned or delayed). All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed). In the event the Generator is located in the parking facilities and takes up one or more parking spaces, then the amount of the Parking Rights shall be reduced by the amount of parking spaces that are used for the Generator. ("d) At all times that Tenant accesses the Generator, Tenant and its agents shall be accompanied by a representative of Landlord (except in cases of emergency or in cases where Landlord fails to identify and make available such representative on the date of such entry). (e) At all times during the Lease Term, Tenant shall maintain said Generator Purchase Option"in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building. (f) upon payment Upon thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator. Any such relocation shall be performed by Landlord at Landlord’s expense, and in accordance with all of the requirements of this Section. (g) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. (h) Landlord shall install and maintain an automatic transfer switch (the “ATS”) that shall be designed and configured to automatically connect Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior loads to the last sixty (60) days of the Term (as extended, if applicable) and applicable generator in the event that of an interruption of power to the Demised Premises. Landlord shall maintain the Tower 3 Generator, the ATS and the connections running between the Tower 3 Generator and the ATS, in good working order throughout the Term pursuant to a maintenance agreement with a third party which shall be in effect as of the Effective Date, which shall provide for a minimum amount of customary monthly testing and quarterly extended testing. Tenant will accept additional reasonable testing requirements as recommended by Landlord from time to time. Except as provided in Section 4(c) above, Tenant shall not be responsible for any of the cost of maintaining or securing the Tower 3 Generator, the ATS or any of the connections between the Generator and the ATS (including, without limitation, any of the charges under such maintenance agreement), but Tenant shall reimburse Landlord, within thirty (30) days after demand, for its pro rata share of the actual cost of fuel utilized in the operation of the generators based on Tenant’s use of the generator compared to the overall use of the generator (provided, however, if Tenant is the sole user of a generator, it is so exercised:shall pay 100% of the fuel costs utilized in the operation of such generator).

Generator. One or more generators will Tenant is hereby granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be installed within reasonably imposed by Landlord, the right to install, secure, maintain, replace and operate in the location as reasonably determined on the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Space other than those required by Requirements. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair of the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Tenant Fit-Up which includes its (Premises. Any and all taxes, filing fees, charges or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all license fees imposed upon Landlord by virtue of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost existence and/or use of the Generator (which cost including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for clarity is any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to include any cabling or equipment the Space at times other than those specified in the Generator) first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator Allowanceat least once a month. The Generator Purchase Option may be exercised by shall not exceed the Landlord load-bearing capacity of the Space. (a) If, at any time prior during the Term, Landlord, in its judgment, shall determine that it is necessary to move the last sixty Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (60which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the Term obtaining of such permit (as extendedwhich Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if applicablea government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in the event that it is so exercised:its "as is" condition and without any work or alterations to be made by Landlord.

Generator. One or more generators will be installed within Landlord grants to Tenant the Premises as part of the Tenant Fit-Up which includes its right to install and maintain an emergency electricity generator (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally hereinafter referred to as the "Uninteruptable Power Supply" or EG"UPS")) to serve Tenant, cooling system, exhaust system, fuel pump and day tank in accordance with the following: (i) Tenant shall bear all costs of installation of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switchEG, and all feeder conductors from other related equipment; (ii) Landlord shall designate the generator into actual location of the Building. The EG, which shall be reasonably acceptable to Tenant; (iii) Tenant acknowledges that shall provide Landlord with plans and specifications for the EG and related equipment, which shall be subject to Landlord's approval which shall not be unreasonably withheld or delayed; (iv) Tenant shall secure all necessary building and operating permits, shall provide copies of same to Landlord will and shall comply with all Laws with respect thereto and shall provide Landlord copies of all applications for permits, including all specifications and drawings required for the securing of said permits; (v) installation shall be connecting the Building's life safety system performed by contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, and treated as an Alteration of a structural component; ("the LSS"vi) any damage to the Generator Project caused by such installation or by the operation or existence of the EG shall be repaired by Tenant immediately; (vii) at the termination of this Lease by expiration of time or otherwise, at the request of Landlord, Tenant, at its sole cost and expense, shall remove the EG and all related equipment and shall restore the area of the Project to its condition prior to installation, provided that absent such connection shall continue throughout the Term. For clarityrequest, the EG shall not be removed and shall become the property of Landlord; (viii) all restoration and repair hereby required to be performed by Tenant agrees that shall be completed under the supervision of a representative of Landlord at such connection time and in such manner as is satisfactory to Landlord; (ix) Tenant shall continue maintain property insurance, primary to any insurance maintained by Landlord with respect to the EG in a form reasonably satisfactory to Landlord, and Landlord shall have no obligation to repair or replace the EG in the event that of any casualty or in the event of condemnation; and (x) neither Overlandlord nor Landlord, nor their officers, lenders, directors, shareholders, partners, agents or employees shall be liable or responsible to Tenant has exercised for any of its rights loss or damage to cancel this lease with respect the EG or any to portions any other person relating to the operation, or installation of the Premises as provided for EG occasioned by any act or occurrence whatsoever. Tenant hereby indemnifies and agrees to hold Landlord, Overlandlord and their affiliates and their respective officers, lenders, directors, shareholders, partners, agents, or employees harmless from and against any liability, claim cost or expense of any nature, including reasonable fees of counsel and litigation expenses arising out of or in Section 8 of Schedule "F" of this lease. Without limiting any connection with the installation, operation, existence, or removal of the Tenant's obligations under this leaseEG, provided however Tenant shall in no event be liable for consequential, indirect or punitive damages of any kind, regardless of the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Termlegal theory upon which such claim may be based. Notwithstanding the foregoing, the testing Tenant shall have no obligation to indemnify Landlord, Overlandlord or their respective affiliated entities, agents, officers, directors, partners, successors and maintenance of the LSSassigns, including such portion of the Generator relating to the LSS, shall be carried out extent the liability against which any such party is claiming indemnification is caused by the Landlord in accordance with any building codes applicable theretobreach of this Lease by, or the misconduct or negligence of such party or its respective affiliated entities, agents, officers, directors, partners, successors, assigns, employees, contractors or invitees. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar With respect to the Building EG, Tenant hereby waives any and all damages, save and except the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) of the difference between the Tenant's acquisition actual cost of the Generator (which cost for clarity is property damage including, but not limited to, punitive or consequential damages, with respect to include any cabling such act or equipment other than the Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days negligence of the Term (as extendedLandlord, if applicable) and in the event that it is so exercised:its agents, employees or contractors.

Generator. One (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 more generators (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 within the Premises as part 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 Fitshall coordinate the actual installation, including the tie-Up which includes its in to existing Building Systems, with Landlord; and (or theiriv) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred Tenant shall repair any damage to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all Project occurring by reason of the said items to be collectively referred to as "installation of the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors from the generator into the Buildingreplacement generator. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") Notwithstanding anything to the Generator contrary, any installation of the replacement generator by Tenant must not adversely affect the Building Systems or Building Structure. Once Tenant installs such replacement generator, Tenant shall be solely responsible for the costs to operate and that such connection shall continue throughout maintain the replacement generator during the Term. For clarityThe provisions of the Lease associated with the Non-FLS Generator shall apply to any replacement Non-FLS Generator, except for purposes of the Lease, any such replacement Non-FLS Generator installed by Tenant agrees that such connection pursuant to this Paragraph 6(c) shall continue in be deemed to be an Alteration, and not a Non-removable Improvement. (d) If Landlord elects the event that the Tenant has exercised any option under Paragraph 6(a)(iii) or Paragraph 6(b)(iii) of its rights to cancel this lease Second Amendment, Landlord shall obtain bids with respect to portions the cost to replace the Non-FLS Generator with a generator of equivalent or greater power capacity and shall notify Tenant of the Premises as provided for in Section 8 of Schedule "F" of this leasebids. Without limiting any Within ten (10) days after receipt of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance last of the LSSbids, including such portion Landlord and Tenant shall review the bids and mutually select the generator to replace the Non-FLS Generator. Following selection, Landlord shall retain the contractor and replace the Non-FLS Generator with the replacement Non-FLS Generator on which the parties agreed. Following installation, Landlord shall send to Tenant copies of the Generator relating invoices related to the LSS, costs to purchase and install the replacement generator. Tenant shall be carried out by the reimburse to Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of within thirty (30) days after delivery to Tenant the Commencement Date invoices a percentage of the cost to purchase and install the replacement generator in an amount equal to the percentage calculated by taking ½ of the excess capacity (over the capacity allocated to Landlord). Thereafter, the cost of operating, maintaining and repairing the replacement Non-FLS Generator shall be included in Operating Expenses using a ratio whereby the numerator is the percentage of capacity used by Tenant of the replacement Non-FSL Generator in and the date on which denominator is the LSS is connected to the Generator. At the end total capacity of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straightreplacement non-line amortization over twenty (20) years) of the difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the FSL Generator) and the Generator Allowance. The Generator Purchase Option may be exercised by the Landlord at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:.

Generator. One Tenant shall be permitted at its cost to install, operate, maintain, repair and replace up to one 1,250 kw/480 volt diesel generator to be located at Tenant's option, either in the alcove directly north of the Public Service Transformer room or more generators directly south of the first west bay of the Annex Building, provided that in the case of the first west bay, Tenant has constructed an enclosure around the generator area and installs landscaping from materials and to a design approved by Landlord. Such generator will have the related wiring, piping, conduits, vents and equipment, including up to six (6) four-inch and up to two (2) one-inch conduits all provided by Tenant. In connection with such generator, Tenant shall also have the right to place one up to 3,000 gallon fuel tank or two up to 1,500 gallon fuel storage tanks in the alcove area ("Equipment Area") reasonably adjacent to the generator location or other mutually agreed upon area. This area is shown in Exhibit "H." The fuel tanks will comply with all laws, rules and regulations. Alternatively, the fuel tanks will be installed within placed in another location as determined by Landlord. Tenant will have the Premises as part of exclusive right to use this area. Tenant may, at its option, demolish and remove the existing concrete floor slab in this area and replace it with an approximately eight-inch reinforced concrete slab. Tenant Fit-Up shall have the right to install a fuel piping system, which includes its (or their) associated engine(s), alternator two 4-inch double-walled supply and alternator control panel, battery and charger system (i.e. what is generally referred to as the "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (all of the said items to be collectively referred to as "the Generator") together with its associated exterior enclosure, concrete pad and all structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), automatic transfer switch, and all feeder conductors return pipes from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator fuel tanks. Tenant shall have the right to install required fuel fill lines and that such connection ventilation lines in locations as reasonably determined by Tenant and approved by Landlord which approval shall continue throughout not be unreasonably withheld, delayed or conditioned. Tenant shall enclose the fuel tanks by constructing a concrete masonry unit enclosure. Tenant shall have the right to test the generator no less than once per week at a time mutually agreed upon between Landlord and Tenant and in compliance with all laws. Tenant hereby agrees to protect, defend, indemnify and hold harmless Landlord for the use of the generator and fuel storage tank and any environmental liability resulting therefrom and Tenant shall remove same upon the expiration of the Lease Term. For clarityThis indemnity shall survive the expiration of the Lease Term. Tenant may, at its option, place the Tenant agrees that such connection shall continue transfer switch and disconnect switch in the event that the Equipment Area along with related piping, conduits and equipment. Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be carried out by the Landlord in accordance with any building codes applicable thereto. The said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the Building and the cost thereof specifically will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), the Tenant agrees that the Landlord shall have the option to purchase place a portion of its equipment, including the Generator ("transfer switch, in the Generator Purchase Option") upon payment to approximately 30 foot by 30 foot room in the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on a straight-line amortization over twenty (20) years) Southwest corner of the difference between Annex Building, currently identified as the Tenant's acquisition cost "Wards Battery Room." The square footage of said space is 981 rental square feet and the Generator (which cost rental rate for clarity is not to include any cabling or equipment other than the Generatorsuch space shall be as set forth in Section 1(i) and the Generator Allowance. The Generator Purchase Option may shall be exercised by the Landlord at any time prior an addition to the last sixty (60) days of the Term (as extended, if applicable) and in the event that it is so exercised:Base Rent.