Generator. 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 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 Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (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 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 the Space at times other than those specified in the 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 at least once a month. The Generator shall not exceed the load-bearing capacity of the Space. (a) 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 Garage, then Landlord may give notice thereof to Tenant (which 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 obtaining of such permit (which 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 a 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 its "as is" condition and without any work or alterations to be made by Landlord.
Appears in 1 contract
Generator. Tenant is hereby granted at no additional cost to TenantLandlord agrees that, subject to Article 5 hereof the terms and conditions set forth in this Paragraph, Tenant will have the provisions right, at Tenant’s sole cost and expense, to install a backup generator, and an enclosure around such equipment (the “Emergency Power System”) on the exterior of this Article 31 and such the Premises, in the location depicted on Exhibit M. Landlord will not grant any other requirements as shall be reasonably imposed by Landlord, tenant of the Project the right to install, secure, maintain, replace and operate in the location as reasonably determined install a generator on the lower level Property. The following terms and conditions will apply to the Emergency Power System:
(a) The Emergency Power System must comply, and Tenant will at Tenant’s cost cause the same to be and to remain in compliance, with all Regulations and the requirements of all federal, state and local governmental and quasi-governmental authorities having jurisdiction over the Building.
(b) The Emergency Power System must comply, and Tenant will at Tenant’s cost cause the same to be and to remain in compliance, with all applicable insurance requirements of both Landlord’s insurer and Tenant’s insurer. The insurance provisions of Paragraph 17 of the Lease will apply to the Emergency Power System.
(c) Tenant will, at its Garage sole expense, maintain the Emergency Power System in good condition at all times during the Term.
(d) If Landlord becomes aware that the "Space"Emergency Power System is in violation of this Paragraph, Landlord will so notify Tenant. If Tenant becomes aware, whether by notice from Landlord or otherwise, that the Emergency Power System is in violation of this Paragraph, Tenant will promptly correct such violation.
(e) Upon expiration or earlier termination of this Lease, or upon expiration or termination of Tenant’s right to the Emergency Power System (as provided above), a 150 kilowatt diesel powered emergency electric generator Tenant will, at its sole cost and a 200 gallon diesel fuel "ready tank" together with all ancillary equipmentexpense, mountingsremove the Emergency Power System, piping, duct work, venting, conduit, wiring and supportrepair and restore any damage caused by its installation or removal, 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 restoration of the number of spaces required Building and surrounding area to be provided to Tenant in accordance with Article 28an architectural and aesthetic whole. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the The provisions of this Article 31 paragraph will survive the expiration or sooner termination of this Lease.
(f) Tenant will pay all costs and expenses of operation and maintenance of the Emergency Power System. If any such costs are invoiced to Landlord, such costs will become additional rent and will be due promptly upon invoice therefor from Landlord. Tenant will pay Landlord, as additional rent, all additional expenses incurred by Landlord as a result of the Tenant’s operation of the Emergency Power System.
(g) Landlord may impose such other reasonable 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 restrictions with respect to the Space or Emergency Power System at such time as Tenant submits its plans for the GeneratorEmergency Power System, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (and Landlord may impose such additional reasonable requirements and restrictions with respect to the Emergency Power System at any damage to time thereafter so long as such additional requirements and restrictions imposed thereafter do not unreasonably impede the Garage cause by Tenant's installation, use, maintenance operation and repair utility of the Generator)Emergency Power System and do not unreasonably cause Tenant to incur any additional material cost or expense.
(h) The Emergency Power System must not clash with and must be harmonious with the Building color scheme, 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part in Landlord’s reasonable judgment.
(i) The design of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue Emergency Power System must be consistent with the first-class nature of the existence and/or use of the Generator Building, in Landlord’s reasonable judgment.
(including those shown to j) The Emergency Power System must be specifically related to any increase screened or fenced off 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 a manner reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice satisfactory to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in using materials consistent with 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 the Space at times other than those specified in the 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 at least once a month. The Generator shall not exceed the loadfirst-bearing capacity class nature of the SpaceBuilding, in Landlord’s reasonable judgment.
(ak) If, at any time during The size and location of the Term, LandlordEmergency Power System may not unreasonably and adversely impact the Building’s parking amenities and access, in its Landlord’s sole and absolute judgment, shall determine that it is necessary to move the Generator to another area .
(l) All aspects of the Garage, then Landlord may give notice thereof to Tenant (which 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 Emergency Power System will be subject to Landlord’s review and approval (which approval will not be unreasonably withheld or delayed). Without limiting the Substitute Spaceforegoing, thenany fuel tanks for the Emergency Power System must be above-ground, within 30 days not underground.
(m) Before installing the Emergency Power System, Tenant must prepare and deliver to Landlord the following, which will be subject to Landlord’s approval (which approval will not be unreasonably withheld or delayed): Preliminary drawings of the obtaining Emergency Power System, including the location proposed by Tenant; A list of such permit all colors, materials, and finishes that will be used; and Samples of any material to be used in screening or fencing off the Emergency Power System, if Landlord so requests. Incomplete drawings will be returned to Tenant without approval.
(which n) Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlordwill be responsible, at its sole cost and expense, for obtaining and maintaining during the Lease Term all applications, permits, consents, approvals and licenses required by federal, state and local governmental and quasi-governmental authorities, and by any applicable property association to which the Building may be subject, in connection with the Emergency Power System. Landlord will cooperate with Tenant in obtaining such approvals, but Tenant will reimburse Landlord for Landlord’s out-of-pocket costs in connection therewith. Copies of all permits and licenses must be delivered to Landlord promptly after Tenant’s receipt thereof. Tenant’s inability or failure to obtain any such permits, approvals or licenses, or the expiration or cancellation of the same, and the resulting inability of Tenant to install or maintain the Emergency Power System, will not invalidate this Lease or reduce Tenant’s obligations under this Lease.
(but subject o) Landlord is not and will not be obligated to recoupment pursuant provide a security guard or any other security services for the Emergency Power System. Under no circumstances will Landlord or its managing agent or their respective agents or employees be liable for, and Tenant waives all claims with respect to, (a) any damages, injuries or losses sustained by Tenant or its agents, employees or contractors, resulting from Landlord’s failure to Article 7 aboveprovide security or adequate security for the Emergency Power System, or (b) shall move losses or damages due to failure of the Generator Emergency Power System or inadequacy of the location or facilities therefor, the same being at Tenant’s sole risk, or (c) the damages done to the Substitute Space (Emergency Power System by any person, and neither will Landlord be required to insure against any such losses. Tenant will follow all rules and regulations reasonably promulgated by Landlord with only a commercially reasonable lapse respect thereto. The provisions of service) which shall then become this paragraph will survive the Space hereunder and the original Space shall be deleted from the coverage expiration or sooner termination of this Lease.
(p) Tenant will indemnify, defend and hold harmless the Parties Indemnified by Tenant (as defined in Paragraph 19 from and against any and all loss, damage, claim, demand, liability or expense (including reasonable attorneys’ fees) resulting from claims by third parties arising in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto. Tenant's operation Tenant will have the right and obligation to assume the defense of any claim covered by this indemnity on behalf of both itself and the Landlord Parties, and the Landlord Parties may not settle such claim without the consent of Tenant (which consent will not be unreasonably withheld or use delayed), provided (i) Tenant acknowledges to the Landlord Parties in writing that it is responsible for such claim under the terms of this paragraph and (ii) the lawyers selected by Tenant to handle such defense are reasonably satisfactory to the Landlord Parties and such representation does not result in a conflict of interest for such lawyers. The Landlord Parties may participate in the defense of such claim at their own expense unless Tenant is not representing the Landlord Parties in which case the reasonable expense of the Generator shall not unreasonably prevent Landlord Parties in defending against such claim will be paid by Tenant. The provisions of this paragraph will survive the expiration or unreasonably interfere with the operation or use sooner termination 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 this Lease.
(the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a 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 Spaceq) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same indemnify Landlord and the other Parties Indemnified by Tenant (as defined in its "as is" condition Paragraph 19), and without hold them harmless from and against any work loss, cost, claim, liability or alterations expense (including reasonable attorneys’ fees and court costs) arising out of or in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto.
(r) The waivers set forth in Paragraph 18 will apply to be made by Landlordthe Emergency Power System.
Appears in 1 contract
Sources: Lease Agreement (Fusion-Io, Inc.)
Generator. 36.1. During the Term, Landlord hereby grants to Tenant is hereby granted at no additional cost to Tenant, a non-exclusive license (the “Generator License”) subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be 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 this Article 36.
36.2. Landlord will connect the laboratory and information technology storage portions of the Premises (with respect to any damage currently consisting of approximately 9,000 square feet) to the Garage cause by Tenant's installationexisting back-up generator(s) (individually and collectively, 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 Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of ”) serving 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 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 “Generator Work”) for the sole and exclusive purpose of servicing providing up to 60 kw of emergency electrical power to the laboratory and maintaining information technology portions of the GeneratorPremises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed Use”). Tenant shall not have any tools and/or materials stored Landlord will perform the Generator Work at Tenant’s cost, which cost will be included in the Spacecost of Tenant’s Work. If Tenant shall require access the Premises is expanded to include the Space at times other than those specified Reservation Space, the Available Offer Space, or both, the Generator License will include such additional laboratory space and information technology storage space contained in the first sentence Reservation Space, the Available Offer Space or both; provided, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw 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 Landlordemergency electrical power.
36.3. During the Term, Tenant shall inspect acknowledges and agrees that it will use the Generator at least once a monthsolely and exclusively for the Generator Licensed Use.
36.4. The Generator shall License granted by Landlord pursuant to Section 36.1 of this Lease is not exceed exclusive; and Landlord hereby reserves the loadright to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected.
36.5. Landlord is making the non-bearing capacity exclusive use of the SpaceGenerator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages.
36.6. Tenant acknowledges and agrees that (ai) IfLandlord, at any time pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, during the Term, Landlord, in its judgment, shall determine that it is necessary Tenant agrees to move the Generator pay to another area of the Garage, then Landlord may give notice thereof to Tenant (which 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, as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the obtaining Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of such permit (which Tenant shall make prompt application foris the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant adjustment from time to Article 7 abovetime; (iii) shall move as of 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 date of this Lease. , Tenant's operation or use ’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses and in addition to Tenant’s Generator shall not unreasonably prevent or unreasonably interfere Share, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the operation or use provisions of any equipment Article 4 of any present or future tenant or occupant of the Building, Building Two or of Landlordthis Lease.
36.7. Testing of For so long as the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereofLicense is in effect, Landlord shall reasonably determine that will procure and keep in force a maintenance contract with respect to the Generator causes such interference with other equipment, then Landlord may so notify from a reputable and qualified third party contractor and Tenant, and in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, as Additional Rent within 30 days of receipt of such notice orLandlord’s demand therefor, if a government permit is required to install the Replacement, then within 30 days Tenant’s Generator Share of the obtaining maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no the maintenance contract cost and Tenant’s Share of Operating Expenses attributable 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 exceed $10,000.00 in its "as is" condition and without any work or alterations to be made by LandlordLease Year.
Appears in 1 contract
Generator. 2.01 Tenant, subject to Landlord’s review and approval of Tenant’s plans therefor, shall have the right to install a supplemental generator with a capacity not to exceed 400 kilowatt (the “Generator”) and an above ground fuel tank (the “Tank”) to provide emergency additional electrical capacity to the Premises during the Term. If, during the Term of this Lease, Tenant reasonably determines in its business judgment that the 400 kilowatt capacity is hereby granted insufficient for Tenant’s standard business operations at the Premises, Landlord and Tenant shall in good faith (and at no additional cost or expense to Landlord) work together to reasonably determine if the 400 kilowatt capacity of the Generator may be increased and, if so, the terms and conditions applicable to any such increase. Tenant’s plans for the Generator and the Tank shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Tank shall be placed at the location outlined on Schedule 2 attached hereto and made a part hereof (the “Generator Area”). Notwithstanding the foregoing, Tenant’s right to install the Generator and the Tank shall be subject to Article 5 hereof Landlord’s prior written approval, which approval shall not be unreasonably withheld, of the manner in which the Generator and the provisions of this Article 31 and such other requirements as shall be reasonably imposed by LandlordTank is installed, the right to install, secure, maintain, replace and operate manner 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 which any fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitationpipe is installed, the emergency electric riser manner in which any ventilation and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which exhaust systems 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 Landlordinstalled, the right manner in which any cables are run 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 the Premises and maintain the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, all electrical wires, guide wires any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure to hide or disguise the existence of the Generator and conduits related theretothe Tank and to minimize any adverse effect that the installation of the Generator and/or the Tank may have on the appearance of the Building and Property. No signs, whether temporary or permanent, Tenant shall be affixedsolely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, installed operating, maintaining and removing of the Generator and the Tank. Tenant shall not install or attached to operate the Generator or the Space other than those Tank until Tenant has obtained and submitted to Landlord copies of all required by Requirements. All signs requiredgovernmental permits, if anylicenses and authorizations necessary for the installation and operation of the Generator and the Tank, and the location thereof, Landlord shall be first approved cooperate with Tenant in writing by Landlordall commercially reasonable respects in connection therewith. In addition to, and without limiting Tenant’s obligations under the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the GeneratorLease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the applicable provisions Generator Area. Tenant shall also be responsible for the cost of this Lease all utilities consumed in the operation of the Generator and the Tank.
2.02 Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank shall in no way damage any portion of the Building or Property. To the maximum extent permitted by Law, the Generator, the Tank and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. Tenant agrees to be responsible for any damage caused to the Building or Property in connection with the installation, maintenance, operation or removal of the Generator and/or the Tank and, in accordance with the terms of Section 13 of the Lease, to indemnify, defend and hold Landlord and the Landlord Related Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, those set forth in Articles 5, 6 reasonable architects’ and attorneys’ fees (with respect to any damage if and to the Garage cause extent permitted by Tenant's Law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, usemaintenance, 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 Premises. Any and all taxes, filing fees, charges operation or license fees imposed upon Landlord by virtue of the existence and/or use removal of the Generator (including those shown to be specifically related to any increase in and 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 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 the Space at times other than those specified in the 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 therewithTank, including, without limitation, any compensation paid environmental and hazardous materials claims, but excluding any claims to Building employees the extent due to the negligence or willful misconduct of Landlord or the Landlord Related Parties. If for any independent contractors reason, the installation or use of the Generator, the Tank and/or the appurtenances shall result in an increase in the amount of the premiums for the insurance coverage for the Building, then Tenant shall be liable for the full amount of any such increase.
2.03 Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator, the Tank and appurtenances, all of which shall remain the personal property of Tenant, are components of the Required Removables, and shall be removed by Tenant at its own expense at the expiration or earlier termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator, Tank and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the Commencement Date, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator and/or the Tank. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area (other than with respect to the repair of the existing Generator or the replacement of the existing Generator with a new Generator of no greater size) without Landlord’s prior written consent. Tenant agrees to maintain the Generator and the Tank, including without limitation, any enclosure installed around the Generator and the Tank in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to keep such enclosure in good condition.
2.04 Tenant, upon prior notice to Landlord and subject to the rules and regulations enacted by Landlord, shall have access to the Generator and the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and Tank.
2.05 Tenant shall only test the Generator before or after Building Service Hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator and the Tank and Generator Area are solely for the benefit of Tenant, any Permitted Transferees, and any third party assignee or subtenant of Tenant to whom Tenant has assigned the Lease or subleased the entire Premises (collectively, the “Permitted Generator Users”). All electricity generated by the Generator may only be consumed by the Permitted Generator Users in the Premises.
2.06 Landlord shall have no obligation to provide any services, including, without limitation, electric current, to the Generator Area.
2.07 Tenant shall have no right to sublet the Generator Area or to assign its interest hereunder, except to another Permitted Generator User.
2.08 Notwithstanding anything to the contrary contained herein, if at any time during the Term the Generator, the Tank and/or any appurtenances thereto or the operations thereof violate, or there exists a condition that solely with the passage of time will violate, any Law or Laws, then Tenant shall cease any further operation of the Generator and the Tank. Tenant shall have no further right to operate the Generator and the Tank unless and until Tenant shall have redesigned and modified the Generator and the Tank and/or any appurtenances thereto in a manner in order to comply with all applicable Laws. However, such redesign and modification shall constitute the mere right of Tenant to operate the Generator and the Tank in compliance with all applicable Laws, which right shall in no event be construed to abrogate or diminish Landlord’s rights or Tenant’s obligations under the other provisions of this Section 2 or the Lease.
2.09 During the Term, Tenant shall inspect not be obligated to pay Landlord any Additional Rent or fee for the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space.
(a) 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 Garage, then Landlord may give notice thereof to Tenant (which 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 obtaining of such permit (which 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 a 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 its "as is" condition and without any work or alterations to be made by LandlordArea.
Appears in 1 contract
Generator. 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 reasonably imposed by (a) Landlord, at Landlord’s cost, shall provide Tenant with access to 250 kw of capacity from the generator supporting Tower 3 (as the same may be replaced or upgraded with 250 kw or more of capacity, the “Tower 3 Generator”) or from another generator source, to provide back-up support for Tenant’s data center and other critical operations. If such 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 install, secure, maintain, replace and operate request that Landlord periodically marginally upsize the generator’s capacity (but in the location as reasonably determined on the lower level of its Garage no event more often than once every twenty-four (the "Space"24) months), a 150 kilowatt diesel powered emergency electric generator which request shall not be unreasonably withheld, conditioned or delayed, and a 200 gallon diesel fuel "ready tank" together Tenant shall pay all reasonable, direct, out-of-pocket costs in connection with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumpssuch upsize within thirty (30) days after Landlord’s written demand, as Additional Rent. In any event, Tenant shall be reasonably necessary for the operation thereofresponsible to pay Landlord, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction as Additional Rent, its pro rata share of the number reasonable, direct, out-of-pocket costs of spaces required operating and maintaining the applicable generator, including fuel and maintenance costs. Landlord shall have the right, in its sole discretion, to be 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 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, shall have the right to install, operate and maintain install in shaft space to be reasonably an area designated by LandlordLandlord a back-up generator (the “Generator”), an electric riser from the Space to the electric closets serving the Premises which Generator shall not have a capacity in order to bring electric power from the Generator to such electric closetsexcess of 500 kw. Tenant shall diligently servicenot 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, repairor (B) without Landlord’s prior written consent (which shall not be unreasonably withheld, paint 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 maintain the Generator, including, without limitationhas submitted to Landlord copies of, all electrical wirespermits and approvals relating to such Generator and such installation, guide wires (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and conduits related theretoexpense, 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). No signs, whether temporary or permanent, All plans and specifications concerning such installation shall be affixedsubject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, installed conditioned 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 Landlorddelayed). In the performance event the Generator is located in the parking facilities and takes up one or more parking spaces, then the amount of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or 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 comply 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 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 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 applicable provisions requirements of this Lease includingSection.
(g) In granting Tenant the right hereunder, without limitation, those set forth in Articles 5, 6 (with respect to any damage Landlord makes no representation as to the Garage cause by Tenant's legality of such Generator or its installation, use, maintenance .
(h) Landlord shall install and repair of maintain an automatic transfer switch (the Generator), 8, 11 and 25, and the provisions of this Article “ATS”) that shall be applicable designed and configured to automatically connect Tenant loads to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (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 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 applicable generator in the event of an emergency, Tenant may have access interruption of power to the Space 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 the sole purpose a minimum amount of servicing customary monthly testing and maintaining the Generatorquarterly 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 have be responsible for any tools and/or materials stored in of the Space. If Tenant shall require access to cost of maintaining or securing the Space at times other than those specified in Tower 3 Generator, the first sentence ATS or any 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 connections between the Generator and shall pay all reasonable costs incurred by Landlord in connection therewith, the ATS (including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Termcharges under such maintenance agreement), but Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity reimburse Landlord, within thirty (30) days after demand, for its pro rata share of the Space.
(a) If, at any time during actual cost of fuel utilized in the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area operation of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan generators based 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 obtaining of such permit (which 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 ’s use of the Generator generator compared to the overall use of the generator (provided, however, if Tenant is the sole user of a generator, it shall not unreasonably prevent or unreasonably interfere with pay 100% of the fuel costs utilized in 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 a 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 Landlordgenerator), 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 its "as is" condition and without any work or alterations to be made by Landlord.
Appears in 1 contract
Sources: Deed of Lease (Cvent Inc)
Generator. 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 reasonably imposed by Landlord, the right permitted at its cost to install, secureoperate, maintain, repair and replace and operate up to one 1,250 kw/480 volt diesel generator to be located at Tenant's option, either 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 alcove directly north 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 Public Service Transformer room 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 directly south 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 first west bay of the Generator)Annex Building, 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (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 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 the Space at times other than those specified in the first sentence of this Section 31.7, then except that in the case of the first west bay, Tenant has constructed an emergencyenclosure 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 give Landlord at least 2 full business days prior written notice of such requirement 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 shall pay all reasonable costs incurred regulations. Alternatively, the fuel tanks will be placed in another location as determined by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During Tenant will have the Term, exclusive right to use this area. Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space.
(a) 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 Garage, then Landlord may give notice thereof to Tenant (which 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 obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlordmay, at its sole cost (but subject option, demolish and remove the existing concrete floor slab in this area and replace it with an approximately eight-inch reinforced concrete slab. Tenant shall have the right to recoupment pursuant to Article 7 above) shall move install a fuel piping system, which includes two 4-inch double-walled supply and return pipes from the Generator generator to the Substitute Space (fuel tanks. Tenant shall have the right to install required fuel fill lines and ventilation lines in locations as reasonably determined by Tenant and approved by Landlord which approval shall 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 only a commercially reasonable lapse of service) which shall then become all laws. Tenant hereby agrees to protect, defend, indemnify and hold harmless Landlord for the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator generator and fuel storage tank and any environmental liability resulting therefrom and Tenant shall not unreasonably prevent or unreasonably interfere with remove same upon the operation or use of any equipment of any present or future tenant or occupant expiration of the Lease Term. This indemnity shall survive the expiration of the Lease Term. Tenant may, at its option, place the transfer switch and disconnect switch in the Equipment Area along with related piping, conduits and equipment. Tenant specifically will have the option to place a portion of its equipment, including the transfer switch, in the approximately 30 foot by 30 foot room in the Southwest corner of the Annex Building, Building Two or currently identified as the "Wards Battery Room." The square footage of Landlord. Testing of said space is 981 rental square feet and the Generator rental rate for such space shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord as set forth in Section 1(i) and shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant be an addition 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 a 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 its "as is" condition and without any work or alterations to be made by LandlordBase Rent.
Appears in 1 contract
Generator. Tenant is hereby granted at no additional cost (a) During the Term, as the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to Tenantmutually agreeable specifications (the “Emergency Generator”) in accordance with a NFPA 101 standard, subject to Article 5 hereof and the provisions Municipal Code of this Article 31 the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and such other requirements as / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant shall be reasonably imposed by permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building have the right to installutilize the Emergency Generator, secure, maintain, replace and operate in the location as reasonably determined on the lower level of its Garage thirty-nine percent (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 39%) 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 Emergency 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’s operation, maintenance and repair costs shall be allocated to Tenant as a Building Operating Expense. Tenant will pay its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoing, Tenant shall always be allocated a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative with the infrastructure already supported in the Building), 8it being understood and agreed that Tenant transfer switch(s), 11 distribution panels, feeders and 25branch circuits, if required, will be Tenant’s sole cost and expense and Tenant will not be allocated any of Landlord’s cost of transfer switches, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life of the generator (which life shall be no less than fifteen (15) years) prorated to Tenant’s lease term as may be extended and prorated to Tenant’s requirements versus the Building requirements. By way of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the provisions denominator of this Article shall be applicable to which is the Space as if the Space was part estimated life of the PremisesEmergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Any and all taxesTherefore, filing feesthe total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, charges or license fees imposed upon Landlord Tenant’s annual share would be determined by virtue of the existence and/or multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (including those shown 39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenant.
(d) Landlord does hereby grant Tenant the right to and through building chases and electrical spaces and other spaces as may be specifically related mutually agreed upon to any increase in the assessed valuation route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premises.
(e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests 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 Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours prior coordination 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 Generatorapproval. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the 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 Emergency Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space.
(a) If, at any time during the Term, unless accompanied by Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") escort 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 obtaining of such permit (which 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 a 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 its "as is" condition and without any work or alterations to be made by Landlordprovided upon request.
Appears in 1 contract
Sources: Standard Office Lease (VOYA INSURANCE & ANNUITY Co)
Generator. Landlord grants to Tenant is hereby granted at no additional cost an exclusive license to Tenant, subject to Article 5 hereof use throughout the Term the existing 300 kw generator that services the computer lab on the fourth floor portion of the Premises and the provisions UPS systems (a 40 kva unit and a 50 kva unit) that service the computer lab and professional services lab on the fourth floor portion of the Premises (the “Backup Power System”). In addition, Tenant may install, at Tenant’s sole cost and expense and in compliance with the terms and conditions of this Article 31 Lease, conduits and such other requirements as equipment connecting the Premises to the Backup Power System (collectively, “Tenant’s Equipment”). At all times during the Term hereof, Tenant shall be reasonably imposed by Landlord, the right to install, secure, maintain, replace at Tenant’s sole cost and operate expense, Tenant’s Equipment in the location as reasonably determined on the lower level good, operational working order and condition (copies 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 such maintenance records to be provided to Landlord within five (5) days of Landlord’s request therefor) and in compliance with all applicable laws, codes, ordinances, orders, directives, rules and regulations, all insurance requirements, and all reasonable rules and regulations which may be promulgated by Landlord from time to time. At Landlord’s request, Tenant shall test Tenant’s Equipment at least once per year, and provide the results of such testing to Landlord within five (5) days of the date of Tenant’s receipt of such results. Although Tenant is not required to pay to Landlord a fee for the usage of the Backup Power System, Tenant shall pay to Landlord all actual utility and fuel costs, determined by Landlord in its reasonable discretion, associated with Tenant’s use of the Backup Power System. Tenant shall maintain the Backup Power System in accordance with Article 28commercially reasonable standards; provided, however Landlord shall replace the Backup Power System if such system requires replacement during the Term, and Tenant shall reimburse Landlord as additional rent on a monthly basis during the Term for the annual amortization of the cost of such replacement, amortized over the remainder of the Term. The Backup Power System shall be returned to Landlord in good working order, reasonable wear and tear excepted. Tenant is also granted at acknowledges that Landlord makes 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 warranty 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 representation with respect to the Space Backup Power System 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 its suitability for Tenant's installation, ’s use, maintenance and repair Landlord shall have no responsibility or liability to Tenant in connection with any failures of such Backup Power System; provided, however, Landlord hereby provides Tenant with a one-year warranty on the Generator)Backup Power System, 8, 11 and 25, and the provisions of this Article such that Landlord shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (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 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 the Space at times other than those specified in the 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 at least once a month. The Generator shall not exceed the load-bearing capacity of the Space.
(a) 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 Garage, then Landlord may give notice thereof to Tenant (which 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 obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlordresponsible, at its sole cost (but subject and expense, for any necessary replacement thereof for a period of one year following the Lease Commencement Date. Tenant hereby releases Landlord and its property manager and their respective agents and employees, and waives any and all claims for damage or injury to recoupment pursuant to Article 7 above) shall move person or property or loss of business sustained by Tenant, in connection with or resulting from the Generator Backup Power System becoming in disrepair, malfunctioning, or failing, all as further set forth herein, except in each case, to the Substitute Space extent a court of competent jurisdiction determines that such damage or injury resulted from a breach of Landlord’s duty hereunder. Tenant’s right to use the Backup Power System is granted solely to service the Premises, and Tenant shall not permit the use of the Backup Power System by any party not occupying the Premises. Landlord shall have the right to inspect the Backup Power System, upon twenty-four (24) hours prior notice to Tenant, to ensure compliance 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 terms of this Lease. Tenant's operation Upon expiration or use termination of this Lease, unless otherwise specified by Landlord, Tenant shall return the Generator Backup Power System and associated conduits to Landlord in the condition existing on the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall not unreasonably prevent or unreasonably interfere with have the operation or use of any right to install additional conduits and other equipment of any present or future tenant or occupant of supporting 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 TenantBackup Power System, and Landlord may require Tenant to replace upgrade the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application forBackup Power System, with Landlord's cooperation but at no cost to Landlord)’s prior written consent, which consent shall replace not be unreasonably withheld, and then in compliance with all 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 terms and conditions 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 its "as is" condition and without any work or alterations to be made by LandlordLease.
Appears in 1 contract
Sources: Lease Agreement (Acme Packet Inc)
Generator. Landlord is the current owner of the existing 275 KW back-up generator and related equipment in the Building depicted on Exhibit A attached hereto and made a part hereof (the “Generator”). Commencing on the Effective Date, Landlord shall make available for Tenant’s exclusive use during the Lease Term a minimum capacity of 137.5 KW from the Generator. Subject to, and without limiting, the minimum availability requirements set forth herein, Tenant is hereby granted at no additional cost acknowledges that its use of the Generator may be in common with Landlord and/or one or more other Building tenants (subject, however, to Tenant’s rights to use the Generator set forth herein), subject whether pursuant to Article 5 rights existing on the date hereof and or hereafter granted by Landlord. Without limiting the provisions preceding sentence, Tenant acknowledges that as of this Article 31 and the Effective Date, the only other Building tenant to which Landlord has heretofore granted such rights is Foliofn, Inc., which has been granted the exclusive right to use 137.5 KW from the Generator. There currently exists an automatic transfer switch (the “ATS”) in Tenant’s server room on the fourth (4th) floor of the Building that is available for Tenant’s use, but Landlord does not hereby make any representation, warranty or covenant regarding the load capacity of the ATS or whether the ATS will be sufficient for Tenant’s purposes in installing Tenant’s back-up system or any other requirements equipment, or for any other purpose. Landlord, at Tenant’s cost, shall provide such additional infrastructure upgrades as shall be reasonably imposed by Landlordnecessary to connect the Generator to the ATS, 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, includingwhich work shall include, without limitation, the emergency electric riser and emergency fuel pumpsinstallation of any required feeder lines, as shall be reasonably necessary for any required changes to 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 ATS and the provisions installation 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 closetsany required separate disconnect switch rated at a capacity of at least two hundred (200) KW. Tenant Landlord shall diligently service, repair, paint and maintain the Generator, includingthe ATS and the connections running between the Generator and the ATS, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, in good working order throughout the Term pursuant to a maintenance agreement with a third party which 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 effect as of the applicable provisions Effective Date, which shall provide for a minimum of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect customary monthly testing and quarterly extended testing. Tenant will accept additional reasonable testing requirements as recommended by Landlord from time 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 Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (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 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 Generatortime. Tenant shall not have be responsible for any tools and/or materials stored in of the Space. If Tenant shall require access to cost of maintaining or securing the Space at times other than those specified in Generator, the first sentence ATS or any 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 connections between the Generator and shall pay all reasonable costs incurred by Landlord in connection therewith, the ATS (including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Termcharges under such maintenance agreement), but Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity reimburse Landlord, within thirty (30) days after demand, for fifty percent (50%) of the Space.
(a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area actual cost of the Garage, then Landlord may give notice thereof to Tenant (which 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 fuel utilized in the Substitute 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 (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 a 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 its "as is" condition and without any work or alterations to be made by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Cvent Inc)